Washington State Grange v. Washington State Republican Party

In Washington State Grange v. Washington State Republican Party (2008) 552 U.S. 442, the Supreme Court formally addressed the constitutionality of the top-two system, confirming it withstands the type of constitutional challenge asserted in California Democratic Party v. Jones (2000). The court rejected the argument, at least as a facial challenge, that an open nonpartisan primary was not materially different from a blanket primary because the prevailing candidate affiliated with a particular party in the nonpartisan primary would become the party's "de facto" nominee in the general election. (Washington State Grange, at pp. 452-453.)