23 May 2005
The primary remains closed
From the 6-3 majority opinion [link requires Adobe Reader], written by Justice Thomas:
The [Libertarian Party of Oklahoma] is free to canvass the electorate, enroll or exclude potential members, nominate the candidate of its choice, and engage in the same electoral activities as every other political party in Oklahoma. Oklahoma merely prohibits the LPO from leaving the selection of its candidates to people who are members of another political party. Nothing in §1-104 prevents members of other parties from switching their registration to the LPO or to Independent status. The question is whether the Constitution requires that voters who are registered in other parties be allowed to vote in the LPO's primary.
The Court declined to consider whether Oklahoma's unusually-difficult ballot access made any difference in the LPO's ability actually to do any of these things.
(Update, 24 May, 11:15 am: The Libertarian Party of Oklahoma responds.)Posted at 9:17 PM to Soonerland