Breaking News: Ninth Circuit Upholds Washington’s Top-Two Primary

On remand from the Supreme Court, and after the case went back to the trial court, the Ninth Circuit today, in a unanimous opinion, upheld Washington state’s top two primary law (on grounds that will make California’s top two law very likely to be upheld as well).

The Ninth Circuit rejected the voter confusion argument of the parties (left open by the Supreme Court), as well as minor parties’ arguments on ballot access and trademark.

A good day for supporters of the top two primary.

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