October 27, 2008

"Conference Call: Judge Election Case Heads to High Court"

SCOTUSBlog previews Duke v. Leake, which is on its "petitions to watch" at the Supreme Court. The conference is Friday, with a decision on the cert petition as early as Monday. (We're also waiting on the judicial recusal case, for which I've predicted a dissent from a cert. denial.) For more on Duke, see my earlier post (the other case decided that day did not see a cert. petition, and I'll be writing about that one again soon.) I think a GVR of the cert. petition in light of Davis, as suggested by the SCOTUSblog preview, is a real possibility.

Meanwhile, Ballot Access News reminds us that the cert. petition in the Deters case about petition circulators paid by the signature is on the court's conference list too. My preview suggesting the Court could well take this case is here.

Bottom line: by a week after Election Day the Court could grant cert in up to three new election law cases. It is not implausible they vote to hear all three--but I'd guess a grant in Deters, a GVR in Duke v. Leake, and a denial in the recusal case.

Posted by Rick Hasen at October 27, 2008 08:29 PM