On June 28, 2010, the U.S. Supreme Court issued an opinion in Christian Legal Society v Martinez, 08-1371. This is not an election law case. It was whether Hastings Law School could require recognized student organizations to admit all Hastings students as members. The Law School won the case 5-4.
Justice Samuel Alito wrote the dissent, which was also signed by Justices Clarence Thomas, Antonin Scalia, and Chief Justice John Roberts. It contains this paragraph, “Suppose that a hated student group at a state university has never been able to attract more than 10 members. Suppose that the university administration, for the purpose of preventing that group from using the school grounds for meetings, adopts a new rule under which the use of its facilities is restricted to groups with more than 25 members. Although this rule would be neutral on its face, its adoption for a discriminatory reason would be illegal.”
That scenario is a very good analogy for the ballot access laws of many states.