No. 96-670October Term 1996Decided Mar 17, 1997Updated Sep 3, 2026
Foster v. Love
Louisiana could not use an October open primary to finally elect members of Congress before the national November election day.
Case status
Decided 9-0 · March 17, 1997 · Opinion by Justice Souter
Majority
- Rehnquist
- Stevens
- O'Connor
- Scalia
- Kennedy
- Souter
- Thomas
- Ginsburg
- Breyer
- Current stage
- Decided
- Latest event
- Decision released Mar 17, 1997
- What it's about
Louisiana's election system allowed congressional candidates to be elected in an October open primary if they received a majority of the vote. The Supreme Court ruled that this system violates federal law because it effectively holds a federal election before the uniform national election day in November.
Question presented
Does Louisiana's open primary violate the federal statutes that establish a uniform federal election day?
- Case path
Decision released Mar 17, 1997
- Area
Elections
Decision
What the Court decided
Louisiana could not use an October open primary to finally elect members of Congress before the national November election day.
Impact
Louisiana congressional candidates and voters could not treat the October primary as the final election. Even a candidate with more than half the vote had to be chosen through an election process consistent with the federal November election day.
Not official Court text.
Vote
- Vote split
- 9-0
- Majority author
- David H. Souter
Majority
- William H. Rehnquist
- John Paul Stevens
- Sandra Day O'Connor
- Antonin Scalia
- Anthony M. Kennedy
- David H. Souter(author)
- Clarence Thomas
- Ruth Bader Ginsburg
- Stephen G. Breyer
Opinion documents
Briefing
What it's about
The Supreme Court unanimously decided that Louisiana could not elect congressional candidates in its October open primary when a candidate won a majority. That system conflicted with federal laws setting a uniform national election day in November.
Vote
Justice Souter wrote the 9–0 opinion, joined by Justices Rehnquist, Stevens, O'Connor, Scalia, Kennedy, Thomas, Ginsburg, and Breyer.
The Court ruled 9-0. Justice Souter wrote the majority opinion, joined by Chief Justice Rehnquist and Justices Stevens, O'Connor, Scalia, Kennedy, Thomas, Ginsburg, and Breyer.
Impact
Louisiana congressional candidates and voters could not treat the October primary as the final election. Even a candidate with more than half the vote had to be chosen through an election process consistent with the federal November election day.
What's next
The Court finished the case. Louisiana's congressional election procedures had to comply with the federal requirement for a uniform November election day.
What did the Supreme Court rule in Foster v. Love?
The Court ruled that Louisiana's October open primary could not elect congressional candidates before the federal November election day.
Who was affected by Foster v. Love?
Louisiana congressional candidates and voters were affected because an October majority could not end the federal election process.
What happened after Foster v. Love was decided?
The Court completed the case. Louisiana had to use congressional election procedures consistent with the federal November election day.
Timing
Decided March 17, 1997
The Court released its decision on March 17, 1997 without hearing oral argument.
Documents
Opinions
Souter, Rehnquist, Stevens, O'Connor, Ginsburg, Breyer
Activity
Docket activity2
AI analysis generated: Case Briefing
Sep 3, 2026 | Generated
Opinion added: Foster
Dec 2, 1997 | Court records
Related cases
Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Sep 3, 2026
- Method
- Methodology