Following up on a recent post about a possible legal challenge to Hawaii’s system of “open” primaries: the U.S. Court of Appeals for the Fourth Circuit (Maryland, W. Virginia, Virginia, North and South Carolina) has denied rehearing/en banc review to a panel decision declaring Virginia’s open primary unconstitutional. Circuit Judge Wilkinson dissents in a detailed 20 page opinion that is worth reading for anyone interested in this area of voting rights and first amendment law. Miller v. Cunningham, No. 06-2335 (Dec. 20, 2007). Thanks to Election Law blog for publicizing the case.