 With this " the public , press and political parties quickly turned their attention to the case " , with the Republican State Committee of Pennsylvania ( supported by their Democratic counterparts ) and several prominent politicians intervening . They moved to expedite an appeal to the Court of Appeals for the Third Circuit . In a unanimous opinion , the Court of Appeals ( consisting of Sloviter , Greenberg and Seitz ) confirmed that there was no restriction of any fundamental right , and therefore that the strict scrutiny process did not need to be applied . In the absence of this process , they held that the Seventeenth Amendment did not require primary elections to fill vacancies , and more broadly gave state legislatures wide discretion as to how to hold elections ; as such , the statute did not violate the constitution . In December 1991 the Supreme Court denied a writ of certiorari , presumably because the special election had already taken place in November and the issue was thus moot . 
 With this " the public , press and political parties quickly turned their attention to the case " , with the Republican State Committee of Pennsylvania ( supported by their Democratic counterparts ) and several prominent politicians intervening . They moved to expedite an appeal to the Court of Appeals for the Third Circuit . In a unanimous opinion , the Court of Appeals ( consisting of Sloviter , Greenberg and Seitz ) confirmed that <a href='dey_it' title='1'><mark>there</mark></a> was no restriction of any fundamental right , and therefore that the strict scrutiny process did not need to be applied . In the absence of this process , they held that the Seventeenth Amendment did not require primary elections to fill vacancies , and more broadly gave state legislatures wide discretion as to how to hold elections ; as such , the statute did not violate <a href='None' title='2'><mark>the</mark></a><a href='negative_concord' title='3'><mark>constitution</mark></a> . In December 1991 the Supreme Court denied a writ of certiorari , presumably because the special election <a href='been_done' title='4'><mark>had</mark></a> already taken place in November and the issue was thus moot . 
With this " da public , press and political parties quickly turned their attention to tdacase " , witt thdaepublican State Committee of Pennsylvania ( supported by their Democratic counterparts ) and several prominent politicians intervening . They moved to expedite an appeal to thedaurt of Appeals fa the Third Circuit . In a unanimous opinion , the Court of Appeals ( consisting of Sloviter , Greenberg and Seitz ) confirmed that it was no restriction of any fundamental ryte , and therefore dat the strict scrutiny process did not gotta b applied . In the absence of this process , they held tdatthe daenteenth Amendment did not require primary elections to fill vacancies , and more broadly gave state legislatures wide discretion as to how to hold elections ; as such , the statute did not violate no constitution . In December 1991 the Sdaeme Court denied a writ of certiorari , presumably because the special election done already taken place in November and the issue was thus moot .