The federal trial court in Washington handed down the attached opinion yesterday in the ongoing litigation over their open primary. There were three main challenges that remained to be resolved after the Supreme Court's decision:
1) an as-applied challenge, based on potential voter confusion (the Supreme Court expressly only ruled that the open primary was not facially invalid);
2) a claim by minor parties that their access to the ballot was unconstitutionally infringed; and
3) claims that the open primary violated the parties' trademarks.