Do states have a constitutional responsibility to apply the 14th Amendment In the way it organizes presidential primaries? Justice Samuel Alito explicitly asked this question to Johnathan Mitchell, Trump’s lawyer — who responded: “Not that I know of.” I found this astonishing, since there is a fundamental precedent by the Supreme Court that explicitly resolves the issue: Smith v. Allwright, 321 U.S. 649 (1944). Lawyers generally call it the “white primary” case, since it involved a Texas statute, authorizing the state’s Democratic Party to allow only whites to vote in its political primaries. When voting officials followed the party’s decision and refused to allow Blacks to vote
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