On January 19, the US Supreme Court heard Clingman v Beaver, the case filed by the Oklahoma Libertarian Party in 2000. The issue is whether a party (which is entitled to nominate by primary) has the right, under the First Amendment freedom of association clause, to invite all registered voters to vote in its primary.

The US District Court had said “No”, but the US Court of Appeals, 10th circuit, had said “Yes”. The state of Oklahoma then appealed to the US Supreme Court.

At the hearing, Justice Antonin Scalia at first was hostile to the position of the Libertarian Party. However, as time went on, he became taciturn and appeared to be listening carefully to the attorney for the Libertarians, Jim Linger. Justices Souter, Kennedy, O’Connor and Stevens seemed sympathetic to the party. Justice Ginsburg and Breyer seemed undecided, and Justice Thomas was silent.

A much more detailed analysis will be printed in the Feb. 1, 2005 Ballot Access News.