Foster v. Love

E439601

Foster v. Love is a 1997 U.S. Supreme Court case that struck down Louisiana’s open primary system for federal elections as preempted by federal law requiring a uniform federal Election Day.

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Label Occurrences
Foster v. Love canonical 1

Statements (45)

Predicate Object
instanceOf United States Supreme Court case
election law case
federal court case
areaOfLaw constitutional law
election law
federal courts
arguedDate 1997-10-06
citation 522 U.S. 67
concurrence none
country United States of America
surface form: United States
court Supreme Court of the United States
decision state law preempted by federal statute
decisionDate 1997-11-04
dissent none
docketNumber 96-670
holding Louisiana’s open primary system for congressional elections is preempted by federal law requiring a uniform federal Election Day
States may not hold final federal congressional elections prior to the federally prescribed Election Day
impact limited states’ ability to schedule final federal elections before federal Election Day
jurisdiction United States of America
surface form: United States
legalIssue elections clause
federal preemption
uniform federal Election Day
legalProvisionInterpreted 2 U.S.C. § 1
2 U.S.C. § 7
Article I, Section 4 of the United States Constitution NERFINISHED
opinionAuthor Ruth Bader Ginsburg NERFINISHED
opinionType majority opinion
page 67
party John H. Foster NERFINISHED
Louisiana Secretary of State W. Fox McKeithen NERFINISHED
defendant
plaintiff
priorHistory Love v. Foster, 90 F.3d 1026 (5th Cir. 1996) NERFINISHED
relatedConcept Election Day NERFINISHED
preemption doctrine
state regulation of federal elections
reporter United States Reports
result Louisiana election statute declared invalid as applied to federal elections
stateLawAtIssue Louisiana open primary system for congressional elections
subjectMatter congressional elections
federal elections
state election procedures
unanimousDecision true
volume 522
yearDecided 1997

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