Supreme Court of the United States

Clingman v. Beaver — O'Connor, J., Concurring

May 23, 2005544 U.S. 581

Summary

Justice O'Connor concurred in part and concurred in the judgment, joining the Court's opinion except Part II-A. She emphasized that the case implicates important associational interests that should not be minimized and noted concerns that other state laws may unreasonably restrict voters' ability to change party registration. She concluded Oklahoma's semi-closed primary law imposes only a modest, nondiscriminatory burden justified by regulatory interests, while noting a more probing review would be necessary for more severe burdens. Justice Stevens, dissenting, would have affirmed the Court of Appeals' judgment and found the Oklahoma statute unconstitutional.