Interestingly enough, what is a weak state argument could make for a much more compelling argument in federal court. McDaniel puts forth the idea that Democrats participating in the Republican primary violates Republicans’ Constitutional right to free association. A federal court in California has ruled as much in a different case, which McDaniel’s legal team cites.
Jim Waide — a Tupelo attorney, longtime Democrat and supporter of Democratic nominee Travis Childers — tends to agree with McDaniel’s argument. In fact, he is talking with several tea party voters who are interested in pursuing a federal case along these same lines. Why would they go to Waide, a Democrat? Because he has a stellar record in federal court, including five successful appearances before the U.S. Supreme Court.
In a federal constitutional case, Waide and his voter clients would not face the issue of a deadline. What they would face, however, is proving that Democrats voted in a Republican primary. This becomes troublesome because voters in Mississippi do not register by party affiliation.