The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
It's Frivolous to Sue a Party for Supposedly Not Living Up to Its Name
From last week's decision by Judge Angel Kelley (D. Mass.) in Kersey v. Republican National Committee:
In this closed case, plaintiff George Kersey, who represents himself, argued that the political stance of the Republican National Committee is inconsistent with its name. The Court dismissed the case as frivolous ….
Kersey tried to appeal, and to decide whether he was entitled to, the court had to consider whether to waive the filing fee (based on Kersey's poverty). No, said the court, because "Kersey's appeal is frivolous":
No reasonable person could believe that his claim, which argues for the Republican Party to change its name to better align with its platform, has any legitimate legal basis. The Court previously explained that political parties have the First Amendment right to choose their own names, ideologies, and candidates.
Seems quite correct for me, as to Republicans, Democrats, Libertarians, Peaceniks & Freedomers, and even the Rhinoceroses.
