December 01, 2006

First Major Post-Bush v. Gore Case to Go Out Not with a Bang But a Whimper

Plaintiffs' attorneys in the Sixth Circuit's Stewart v. Blackwell case filed this letter in the en banc court asking for the case to be dismissed as moot. The Sixth Circuit responded with this letter asking if the state objects to this dispostion (highly unlikely, since the state has been arguing for some time that the case was moot). (Information via Dan Tokaji, one of the plaintiffs' lawyers).

So it looks like this case raising the very important question whether Bush v. Gore requires some uniformity in state election procedures (my earlier analysis here; other analysis here and here) won't make it to the Supreme Court after all.

Posted by Rick Hasen at December 1, 2006 10:41 AM