From the CL:
The New Orleans court said Pepper’s ruling spawned a free-for-all on appeal.
The court noted the Democratic Party had appealed the mandatory photo ID requirement. The GOP appealed on grounds that Pepper’s order brought Republicans into a lawsuit they did not support. And attorneys for the Mississippi NAACP opposed the voter ID and re-registration portions of Pepper’s order.
There also were briefs filed by the attorney general, the governor and the secretary of state.
“The state is divided ... We will put the parties out of their litigation misery,” wrote Chief Judge Edith H. Jones.Jones said if the Democratic Party had taken steps to keep non-Democrats out of its primaries and been stopped, then the party would have had grounds to sue.
“It is certainly conceivable, for instance, that the party’s mere public announcement of its intent to challenge suspected non-Democrat voters would discourage raiding attempts,” wrote Jones.
However, Jones said whether state law permits party raiding could only be determined if the Democrats tried to stop someone it viewed as a non-Democrat from voting in its primaries.
Jones said the “open-ended nature of the dispute” led Pepper to propose a political remedy.
“When MSDP actually decides to adopt a closed primary, and when the implementation of state law has a demonstrated impact on the conduct of primary elections, a justifiable case or controversy will exist,” the 5th Circuit said.
