Opinion

Socialist Workers Party v. Ogilvie

  • 357 F. Supp. 109
  • 1972 U.S. Dist. LEXIS 11900
Court
District Court, N.D. Illinois
Filed
Sep 21, 1972
Status
Published
Author
McMillen
On the bench
Cummings, Marovitz, McMillen, Memillen
Cited by
5 cases
Authority
More cited than 17.1%

holding state’s refusal to certify candidacy of underage presidential candidate “violates no federal- right of Plaintiffs”

How later courts described this case

  • holding state’s refusal to certify candidacy of underage presidential candidate “violates no federal- right of Plaintiffs”
  • finding no First Amendment violation for failing to certify a new political party with no full slate of candidates
  • rejecting party’s First Amendment challenge to exclusion from ballot of presidential candidate who did not meet constitutional age requirement
  • “Amendment XX, Section 3 of the United States Constitution does not foreclose the Defendant!] from precluding from [the] ballot a would-be candidate for President who does not fulfill the eligibility requirements specified in Article II, Section 1 of the United States Constitution.”

Written by the judges who cited it.

The opinion

McMILLEN, District Judge

(concurring and dissenting).

I concur in the result in this case but I respectfully dissent from Conclusion of Law 19a. See my dissent in The Communist Party of Illinois et al. v. Ogilvie et al., D.C., 357 F.Supp. 105 , entered today.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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