cousins wigoda argued november decided january petitioners cousins delegates challenged national democratic party credentials committee violative party guidelines seating respondents wigoda delegates elected chicago districts march illinois primary election delegates democratic national convention held july committee decided cousins delegates seated instead wigoda delegates july two days convention opened granted injunction illinois circuit enjoining cousins group acting delegates convention cousins delegates nevertheless seated convention functioned delegates illinois appellate affirmed holding right sit delegate representing illinois national nominating convention governed exclusively illinois election code interest state protecting effective right participate primaries superior whatever interests party might wish protect another suit brought district district columbia one keane wigoda delegate challenged constitutionality party guidelines allegedly violated wigoda delegates selection district sustained one challenged guidelines dismissed keane suit denying party counterclaim injunction wigoda delegates proceeding action appeals july affirmed dismissal granted counterclaim per curiam opinion stayed judgment appeals later granted keane petition certiorari vacated appeals judgment remanded determination mootness appeals thereafter held case moot insofar involved seating delegates completed convention affirmed dismissal keane suit addition arguments merits petitioners contend language per curiam established convention right decide chicago credentials contest action staying vacating appeals judgment left judgment res judicata bar injunction held per curiam unqualifiedly suspended operative effects appeals judgment without resolving merits controversy petitioners res judicata contention open consideration pleaded proved circuit required state law pp selection candidates national office national party convention serves pervasive national interest paramount interest state protecting integrity electoral process circuit erred issuing injunction abridged associational rights petitioners party party right determine composition national convention accordance party standards pp brennan delivered opinion douglas white marshall blackmun joined rehnquist filed opinion concurring result burger stewart joined post powell filed opinion concurring part dissenting part post wayne whalen argued cause petitioners briefs john schmidt douglas poe robert tucker john tucker jerome torshen argued cause respondents brief lawrence eiger earl neal gayle haglund joseph rauh john silard elliott lichtman filed brief americans democratic action et al amici curiae urging reversal justice brennan delivered opinion march illinois primary election chicago democratic voters elected respondents wigoda delegates delegates democratic national convention held july miami fla petitioners cousins delegates challenged seating wigoda delegates credentials committee national democratic party ground among others procedures wigoda delegates selected violated party guidelines incorporated call convention june credentials committee sustained findings report hearing officer wigoda delegates chosen violation guidelines also adopted hearing officer recommendation wigoda delegates unseated cousins delegates chosen june private caucuses chicago seated stead july two days convention opened wigoda delegates obtained circuit cook county injunction enjoined petitioners acting purporting act delegate democratic national convention performing functions delegates receiving accepting credentials badges indicia delegate status nevertheless convention july adopted credentials committee recommendation seated cousins delegates took seats participated fully delegates throughout convention consequence proceedings adjudge petitioners criminal contempt july injunction pending circuit awaiting decision case illinois appellate affirmed injunction app illinois without opinion november denied leave appeal appellate held right sit delegate representing illinois national nominating convention governed exclusively illinois election code rejected cousins delegates contention injunction attempting enforce code preventing participating delegates convention violated right right national democratic party freedom political activity association assured first fourteenth amendments appellate stated purposes guidelines reform adopted democratic national party call democratic national convention way take precedence state illinois illinois election code rev stat ch et opening section article election code deals making nominations political parties clear discussing selection delegates national nominating conventions elegates alternate delegates national nominating conventions political parties shall made manner provided article otherwise law state party rules contrary effect interest state protecting effective right participate primaries superior whatever interests party might wish protect since respondents admittedly elected position delegates democratic national convention operation election code illinois statute finds trial injunctions abrogate petitioners fundamental constitutional rights free political association threshold question decided discuss merits constitutional issue june july district district columbia appeals district columbia circuit twice considered action brought one wigoda delegates thomas keane national democratic party action challenged constitutionality party guidelines allegedly violated selection wigoda delegates cousins delegates intervened party counterclaimed injunction enjoining wigoda delegates proceeding action case initially dismissed appeal credentials committee yet decided petitioners challenge keane national democratic party dc june keane national democratic party dc cir june credentials committee announced adoption hearing officer findings report suit proceeded district sustained constitutionality guideline see supra dismissed keane suit denying counterclaim appeals july affirmed dismissal granted counterclaim directing entry order enjoining wigoda delegates proceeding circuit suit brown app however special term july stayed judgment appeals october granted keane petition certiorari vacated judgment appeals remanded determination mootness appeals february held case moot insofar concerned seating delegates july convention found basis relief matter entered judgment affirming district order july dismissing keane suit app based upon events petitioners argue illinois circuit without jurisdiction enter july injunction notwithstanding july stay appeals judgment argument relies upon reference per curiam opinion supporting stay large public interest allowing political processes function free judicial supervision petitioners argue established right particular circumstances case democratic national convention decide chicago credentials contest brief petitioners argument without merit per curiam decide question us case stay order terms unambiguously suspended operative effect appeals judgment without qualification entirety nothing quoted excerpt per curiam opinion wise qualified effect agree illinois appellate therefore stay order completely froze order appeals including injunction order directed circuit illinois thereby allowing circuit proceed app petitioners argue event stay order alter binding collateral estoppel res judicata effect appeals judgment permit collateral attack illinois state courts brief petitioners need address merits argument illinois appellate rejected ground res judicata defense pleaded proved circuit required illinois law established svalina saravana app basis disagreement holding appellate petitioners neither formally pleaded attempted prove claim res judicata based decision appeals district columbia circuit ibid constitutes adequate state ground forecloses jurisdiction might possess review merits res judicata defense see louisville woodford accordingly turn consideration merits constitutional question ii national democratic party adherents enjoy constitutionally protected right political association longer doubt freedom associate others common advancement political beliefs ideas form orderly group activity protected first fourteenth amendments right associate political party one choice integral part basic constitutional freedom kusper pontikes course freedom protected federal encroachment first amendment entitled fourteenth amendment protection infringement williams rhodes moreover ny interference freedom party simultaneously interference freedom adherents sweezy new hampshire see naacp button petitioners rely upon principles contend since july circuit injunction fashioned effectuate state law barring serving delegates party national convention injunction constituted unconstitutional significant interference protected rights political association bates little rock see also kusper pontikes supra illinois appellate conceded petitioners party enjoyed fundamental constitutional rights free political association app appellate justified injunction however ground interest state protecting effective right participate primaries superior whatever interests party might wish protect words appellate identified state legitimate interest protection votes cast primary impairment result stripping respondents status observe outset petitioners compliance injunction assured effectuation state objective seat respondents convention convention obligation seat respondents free respondents concede leave chicago seats vacant thus defeat objective proceed however considering whether asserted state interest justifies injunction even though legitimate subordinating interest state must compelling justify injunction abridgment exercise petitioners national democratic party constitutionally protected rights association naacp alabama respondents argue illinois compelling interest protecting integrity electoral processes right citizens state federal constitutions effective suffrage rely numerous statements right vote fundamental political right preservative rights yick wo hopkins reynolds sims williams rhodes kramer union school district dunn blumstein respondents overlook significant fact suffrage exercised primary election elect delegates national party convention consideration special function delegates convention militates persuasively conclusion asserted interest constitutes compelling state interest delegates perform task importance every citizen nation regardless state residence vital business convention nomination party candidates offices president vice president end state political parties affiliated national party acceptance national call send state delegates national convention ray blair constitutionally mandated role great task selection presidential candidates qualifications eligibility delegates national political party conventions left state law fifty establish qualifications delegates various party conventions without regard party policy obviously intolerable result wigoda cousins supp nd regime seriously undercut indeed destroy effectiveness national party convention concerted enterprise engaged vital process choosing presidential candidates process usually involves coalitions cutting across state lines convention serves pervasive national interest selection candidates national office national interest greater interest individual state paramount necessity effective performance convention task underscored justice pitney admonition likelihood candidate succeeding election without party nomination practically negligible practical matter ultimate choice mass voters predetermined nominations made newberry dissenting opinion thus illinois interest protecting integrity electoral process deemed compelling context selection delegates national party convention whatever case actions presenting claims party delegate selection procedures exercised within confines constitution claims made case convention proper forum determining disputes delegates seated brown reversed footnotes injunction obtained circuit action filed april wigoda delegates cousins delegates interval filing suit action credentials committee june two proceedings occurred district northern district illinois related suit april petitioners removed case federal may case remanded ground basis federal jurisdiction wigoda cousins supp june appeals seventh circuit unpublished order affirmed remand wigoda cousins remand issue pending petitioners filed action district northern district illinois seeking injunction respondents proceeding circuit suit ground violated first amendment rights june trial preliminary injunction issued barring respondents proceeding action cousins wigoda civil injunction reversed seventh circuit june cousins wigoda petitioners application justice rehnquist circuit justice stay appeals order denied july appellate also affirmed another injunction circuit entered august barring petitioners participating delegates caucus august select illinois representatives democratic national committee serve convention petitioners complied injunction respondents participated august caucus since national committee plans national convention question validity august injunction analytically indistinguishable question validity july injunction decision today applies injunctions emphasize question decide today us case intimate views upon merits questions whether decisions national political party area delegate selection constitute state governmental action whether extent principles political question doctrine counsel judicial intervention respondents concede agree context instant case necessary determine whether convention action state action brief respondents see brown app georgia national democratic party app smith state executive committee democratic party georgia supp nd lynch torquato see also texas white primary cases nixon herndon nixon condon smith allwright terry adams differing views commentators see note legal issues democratic convention beyond loyola chi note regulation political parties vote dilution presidential nomination procedure iowa rev chambers rotunda reform presidential nominating conventions rev note constitutional safeguards selection delegates presidential nominating conventions yale comment one man one vote selection delegates national nominating conventions chi rev bellamy applicability fourteenth amendment allocation delegates democratic national convention geo rev raymar judicial review credentials contests experience democratic national convention geo rev note judicial intervention presidential candidate selection process one step backwards rev whether national political parties subject principles reapportionment decisions constitutional restraints methods delegate selection allocation compare bode national democratic party app irish party see gray sanders history century resolutions credentials disputes party procedures machinery see bain parris convention decisions voting records ed goldstein one man one vote political convention cin rev whether extent national political parties nominating conventions regulable congress see newberry pitney dissenting horn groups constitution note freedom association selection delegates national political conventions cornell rev order provided applications stays judgments appeals granted order applied also keane companion case brown concerned challenges california delegation democratic national convention illinois appellate also found res judicata unavailable reasons including difference issue issue keane issue central instant cause illinois election code rev stat ch et seq right plaintiffs elected pursuant provisions serve elective office issue central litigation ensued keane national democratic party constitutionality guidelines national democratic party app indeed petitioners maintain appeals decision presented argued circuit judge res judicata formally pleaded see brief petitioners moreover petitioners argued circuit appeals injunction state proceeding effective despite stay couch argument terms appeals decision res judicata effect transcript july pp et seq possible convention rejected elected delegates chicago illinois without representation convention brief respondents thus respondents concede protected rights political association entitle relief compelling party accept delegates early presidential nominations made caucuses members congress belonging national parties see goodman system ed recent proposals parties use regional national primaries choose nominees see new york times apr five regional primaries proposed senator packwood national primary proposed senators mansfield aiken several delegations selected according state law denied seating convention resolution disputes see bain parris convention decisions voting records ed republican convention georgia delegation democratic convention mississippi delegation justice rehnquist chief justice justice stewart join concurring result agree members political parties enjoy constitutionally protected right freedom association secured first fourteenth amendments constitution right members political party gather national political convention order formulate proposed programs nominate candidates political office heart freedom assembly association established earlier cases decided naacp alabama bates little rock healy james also agree interest state illinois protecting electoral processes primary delegate selection sufficient authorize flat prohibition petitioners efforts national democratic convention seat party delegates illinois operation injunction issued illinois circuit case direct severe infringement right association conceived beside sort subtle governmental interference referred bates little rock supra pales means downplay legitimacy interest state assuring delegates party convention chosen pursuant electoral processes presumably representing view majority party electors state seated convention since conceded national convention state ultimate authority choose among contesting delegations believe state interest sufficient support total restriction petitioners right assemble associate fellow members political party urge upon convention claim seated delegates arrives substantially conclusion process seems us use unnecessarily broad language intimate views questions disclaims intimation views turn virtually head opinion brown opinion disclaims intimation views following questions whether decisions national political party area delegate selection constitute state governmental action whether national political parties subject principles reapportionment decisions constitutional restraints methods delegate selection allocation whether extent national political parties nominating conventions regulable congress immediately following disclaimer proceeds cite numerous opinions courts appeals district courts well law review commentaries unsophisticated mind might seem portend answer questions conspicuous absence reference opinion brown supra decided slightly two years ago reviewed two cases appeals district columbia circuit cases taken view action national party constitute state action purposes fourteenth amendment proceeded apply interpretation amendment action credentials committee democratic national convention stayed orders appeals cases saying understood since national political parties first came voluntary associations individuals convention proper forum determining disputes delegates shall seated thus cases involve claims power federal judiciary review actions heretofore thought lie control political parties highly important questions presented concerning justifiability whether action credentials committee state action reach due process clause unique context vital rights association guaranteed constitution also involved unwilling undertake final resolution important constitutional questions presented without full briefing argument adequate opportunity deliberation entertain grave doubts action taken appeals emphasis supplied see reason recede language used brown supra therefore find citation case virtual repudiation says ante whatever case actions presenting claims party delegate selection procedures exercised within confines constitution claims made case convention proper forum determining disputes delegates seated brown ante national convention serves pervasive national interest selection candidates national office national interest greater interest individual state may perfectly apt statement political fact believe unnecessarily broad vague statement contained opinion political fact interest served national political conventions transcends boundaries single state weighs favor petitioners scale balances constitutional claim state interest integrity electoral process dissenting opinion justice pitney newberry without establish us national interest standing alone apart valid congressional legislation constitutional provision override state regulation situation agree characterization role process says constitutionally mandated role great task selection presidential candidates ante art ii given power appoint manner legislature thereof may direct presidential electors see green mcpherson blacker ray blair oregon mitchell opinion stewart joined burger blackmun constitutional system also residual authority areas taken constitution validly enacted congressional legislation question us therefore whether constitutionally mandated role task selecting presidential candidates whether authority state illinois sufficient case authorize injunction flatly prohibiting petitioners asserting democratic national convention claim seated delegates believe therefore concur result reached rest result unequivocally freedom assemble associate guaranteed first fourteenth amendments neither discuss hint resolution issues neither presented previously resolved cases gratuitous observations particularly inappropriate area long eschewed passing issues required resolution case presented gray sanders crucial sensitive nature questions relating process presidential selection pointed james wilson delegate constitutional convention commenting manner presidential selection set forth constitution subject greatly divided house also divide people doors truth difficult decide farrand records federal convention rev ed article ii provides part state shall appoint manner legislature thereof may direct number electors congress may determine time chusing electors day shall give votes justice powell concurring part dissenting part agree national convention democratic party compelled seat respondents disagree however illinois courts without power enjoin petitioners sitting delegates representing districts state limited extent dissent illinois legislature enacted comprehensive scheme regulating election delegates national party conventions rev et seq including means defeated candidate may challenge election respondents duly elected primaries held various election districts city chicago petitioners part people lost primaries eventually selected private caucuses challenge delegation made challenge state law rather successfully unseated respondents convention seated delegates representing districts ousted delegates elected illinois appellate concluded democratic party certainly seat people choice force upon people illinois representatives contrary elective mandate app also agree case intimates views regarding efforts regulate party conventions congressional regulation national conventions state regulation state primaries conventions state offices raises different considerations requiring wholly different balance