National Litigation Case Page

Case Overview

Case: Polelle v. Florida Secretary of State
Court: U.S. Supreme Court (cert denied, 2025)
Status: Resolved

In 2025, for the first time in history, the U.S. Supreme Court formally discussed whether closed primaries violate the rights of independent voters.

The case was brought by Professor Michael Polelle, a retired law professor and lifelong independent voter, who represented himself in challenging Florida’s closed primary system. While the Eleventh Circuit Court of Appeals upheld Florida’s system, a remarkable concurring opinion openly questioned the legal foundation of closed primaries.

Polelle petitioned the U.S. Supreme Court for review. The Court placed the case on its “discuss list” — a rare step that indicated at least one Justice believed the issue merited consideration. In October 2025, the Court denied certiorari, ending this particular case but breaking historic new ground: for the first time, the Justices directly deliberated on the rights of independent voters.

Why It Matters

• First-Ever Supreme Court Consideration: Independent voters’ rights in taxpayer-funded primaries were put on the table at the highest court in the land.
• Legal Cracks in Closed Primaries: The Eleventh Circuit’s concurring opinion and OP’s amicus brief both spotlighted the vulnerabilities in the parties’ legal arguments.
• Movement-Building: Though cert was denied, the case advanced new legal framings that will shape future challenges nationwide.