Scalia and the rest of the U.S. Supreme Court is sending Dennis Kucinich back to the 5th Court of Appeals saying that there is no compelling reason for them to reverse lower court decisions. The TDP denied him access to the ballot after seeing his paperwork which struck out a commitment to support the Democratic nominee if he lost.
The emergency motion by the campaign to the Supreme Court sought to ensure that Texas absentee ballots, being mailed on Saturday, would include Kucinich's name. The Court's decision means that those ballots will be mailed without his name. At the same time, the case now moves back to the appellate court to get Kucinich on the ballot for the Texas primary election.
At issue is the requirement of the Texas Democratic Party that Kucinich, and all other Democratic candidates, sign an oath "to fully support" the Party's eventual nominee in order to get on the ballot in the first place. Kucinich declined to sign that "blind loyalty oath" without knowing who the nominee might be or what the nominee's positions would be. The Constitutionality of that "blind loyalty oath" is what the Kucinich campaign is challenging in the courts.
