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BUCKLEY v. AMERICAN CONSTITUTIONAL LAW FOUNDATION, INC.

No. 97-930.

525 U.S. 182 (1999)

119 S.Ct. 636

142 L.Ed.2d 599

BUCKLEY, SECRETARY OF STATE OF COLORADO v. AMERICAN CONSTITUTIONAL LAW FOUNDATION, INC., et al.

Supreme Court of United States.

Decided January 12, 1999.

Attorney(s) appearing for the Case

Gale A. Norton, Attorney General of Colorado, argued the cause for petitioner. With her on the briefs were Richard A. Westfall, Solicitor General, and Maurice G. Knaizer, Deputy Attorney General.

Neil D. O'Toole argued the cause for respondents. With him on the brief for respondents American Constitutional Law Foundation, Inc., et al. was John A. Sbarbaro. Kerry S. Hada filed a brief for respondents David Aitken et al. Bill Orr, respondent, pro se, and Mr. O'Toole filed a brief.*

Ginsburg, J., delivered the opinion of the Court, in which Stevens, Scalia, Kennedy, and Souter, JJ., joined. Thomas, J., filed an opinion concurring in the judgment, p. 206. O'Connor, J., filed an opinion concurring in the judgment in part and dissenting in part, in which Breyer, J., joined, p. 215. Rehnquist, C. J., filed a dissenting opinion, p. 226.

Justice Ginsburg, delivered the opinion of the Court.

Colorado allows its citizens to make laws directly through initiatives placed on election ballots. See Colo. Const., Art. V, §§ 1(1), (2); Colo. Rev. Stat. §§ 1-40-101 to 1-40-133 (1998). We review in this case three conditions Colorado places on the ballot-initiative process: (1) the requirement that initiative-petition circulators be registered voters, Colo. Rev. Stat. § 1-40-112(1) ...

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