Also known as: party affiliations · political affiliation · party membership
Written by attorneys · grounded in primary & secondary sources — see below
Membership in or support for a political party.
During a sentencing hearing, Judge Harlan remarks that the defendant must have voted for the opposing party because of the neighborhood where he lives. Defense counsel objects and moves for recusal. The judge's comment triggers the rule against manifesting bias based on political affiliation in the performance of judicial duties.
In a contract dispute, attorney Ramirez cross-examines a witness by asking whether the witness belongs to the same political party as the plaintiff and therefore cannot be trusted. Opposing counsel objects that the question manifests bias on the basis of political affiliation. The presiding judge must require Ramirez to refrain from such conduct.
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A political party challenges contribution limits that treat coordinated expenditures differently from independent ones. The Court upholds the limits because they address the risk that large donations will create actual or apparent corruption tied to party affiliation. The decision turns on whether the restrictions are closely drawn to serve that interest.
A minor political party objects to a statute requiring committees to report the party affiliation of supported candidates. The Court sustains the requirement because disclosure informs voters about the candidates' political ties and serves the interest in preventing corruption. The reporting obligation therefore survives exacting scrutiny.
A state rule prohibits judicial candidates from announcing their views on disputed legal issues or identifying with a political party. The Court holds that the rule violates the First Amendment because it suppresses core political speech without a compelling justification narrowly tailored to preserving judicial impartiality.
A state law requires candidates to be nominated by a party whose members constitute a certain percentage of registered voters. The Court upholds the law because it does not severely burden the associational rights of voters who wish to support a candidate of a different party affiliation. The restriction is therefore constitutional.
The rule imposes an obligation on judges to refrain from manifesting bias based on political affiliation and separately requires judges to ensure that lawyers appearing before the court also refrain from such conduct. Both judges and lawyers are therefore covered when they act in judicial proceedings.
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A judge may make a legitimate reference to political affiliation when the characteristic is relevant to an issue actually presented in the case. The rule does not bar every mention. It bars only manifestations of bias or prejudice.
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No. Federal courts treat claims that a map was drawn predominantly on the basis of party affiliation as nonjusticiable political questions. Plaintiffs must show that race, not politics, was the predominant factor before strict scrutiny applies.
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…applies the same limitations on contributions to all candidates regardless of their present occupations, ideological views, or party affiliations. Absent record evidence of invidious discrimination against challengers as a class, a court should generally be hesitant to invalidate legislation which on its face imposes evenhanded…