Washington State Grange v. Washington State Republican Party — Scalia, J., Dissenting

Summary

Justice Scalia dissents from the Court's conclusion that Washington's party-preference system does not violate political parties' First Amendment associational rights. He argues the law severely burdens parties by allowing candidates to associate with them on the ballot while denying the parties the opportunity to disclaim the association or identify their true nominees. He would find the law facially unconstitutional.