Morse v. Republican Party of Va., 517 U.S. 186, 4 (1996)

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Cite as: 517 U. S. 186 (1996)

Syllabus

practices and procedures with respect to voting. That is as far as the Court need go to answer the statutory question presented by this case. Indeed, it is as far as the Court should go, given the difficult First Amendment questions about the extent to which the Federal Government, through preclearance procedures, can regulate the workings of a political party convention, and about the limits imposed by the state-action doctrine. Such questions are properly left for a case that squarely presents them. The fee imposed here, however, is within the scope of § 5, and well outside the area of greatest associational concern. Pp. 235-240. 2. Congress intended to establish a private right of action to enforce § 10, no less than it did to enforce §§ 2 and 5. See Allen v. State Bd. of Elections, 393 U. S. 544, 556-557. Justice Breyer expressed no view as to the merits of the underlying § 10 claim. P. 240.

Stevens, J., announced the judgment of the Court and delivered an opinion, in which Ginsburg, J., joined. Breyer, J., filed an opinion concurring in the judgment, in which O'Connor and Souter, JJ., joined, post, p. 235. Scalia, J., filed a dissenting opinion, in which Thomas, J., joined, post, p. 241. Kennedy, J., filed a dissenting opinion, in which Rehnquist, C. J., joined, post, p. 247. Thomas, J., filed a dissenting opinion, in which Rehnquist, C. J., and Scalia, J., joined, and in which Kennedy, J., joined as to Part II, post, p. 253.

Pamela S. Karlan argued the cause for appellants. With her on the briefs were George A. Rutherglen, Eben Moglen, and Daniel R. Ortiz.

Deputy Solicitor General Bender argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Days, Assistant Attorney General Patrick, Richard H. Seamon, and Steven H. Rosenbaum. E. Duncan Getchell, Jr., argued the cause for appellees. With him on the brief were J. Robert Brame III, Patrick M. McSweeney, Donald W. Lemons, and Robert L. Hodges.*

*Briefs of amici curiae urging reversal were filed for the Lawyers' Committee for Civil Rights under Law et al. by Donald B. Verrilli, Jr., Michael A. Cooper, Herbert J. Hansell, Norman Redlich, Barbara R. Arn-wine, Thomas J. Henderson, Brenda Wright, and Laughlin McDonald;

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