Third Circuit, on Rehearing, Keeps Carl Lewis Off the Ballot–And He’s Likely to Stay There

Howard has the details. Thanks to a loyal reader for the pointer.  What explains the about face by the third circuit, which just a few days ago issued an order keeping Lewis on the ballot?  It seemed to be the fact that Lewis voted in CA as late as 2009, and Lewis’s failure to show (1) he was treated worse than other candidates in New Jersey whose residency was challenged under this statute and (2) his failure to show that the residency requirement, at least as applied to him, violated any fundamental right to be a candidate in this election.

I am skeptical Lewis will do better if he attempts to go en banc or to the Supreme Court.


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