“Supreme Court Signals Federal Judiciary Won’t Mediate Fights Over Voting and Virus; High court’s conservative majority sees scant constitutional authority to weigh in on state elections”

Jess Bravin for the WSJ: If the coronavirus is pitting nervous voters against state election officials, don’t expect the federal courts to solve their problem.That is the message from a string of Supreme Court orders since April, which saw the … Continue reading

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Breaking: Supreme Court, on Divided Vote, Refuses to Vacate Stay in Florida Felon Reenfranchisement Case, Meaning Potentially Hundreds of Thousands of Former Felons Reenfranchised by Florida Voters Won’t Get to Vote in November

With at least three of the Court’s four liberal Justices dissenting, the Supreme Court refused to intervene in a case involving Florida felon voting rights, with big implications for voting in November. The procedural path of this case is complex, … Continue reading

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Analysis: Supreme Court Saves the Country from Potential Chaos by Ruling (Unanimously) That States May Replace or Punish “Faithless Electors”

The Court’s decision in Chiafalo (the Washington election case) is at this link. The per curiam opinion in Baca (the Colorado case), with Justice Sotomayor recused, is at this link. The decision is a great relief because a contrary decision, … Continue reading

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The Biggest Problem with the Supreme Court’s Opinion in the Wisconsin Voting Case Was Not the Result (Which Was Still Wrong), But the Court’s Sloppiness and Nonchalance About Voting Rights and What That Means for November

There has been a ton of commentary on the Supreme Court’s split decision in the Wisconsin voting case, which reversed a district court order allowing absentee ballots received by April 13 whether or not they were postmarked by the April … Continue reading

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Breaking: Supreme Court on 5-4 Vote Reverses District Court on Late-Arriving Absentee Ballots in Wisconsin Race. This is a Bad Sign for November in a Number of Ways.

You can read the opinion and dissent here. In some ways, it is unsurprising that the Court divided 5-4 (conservative/Republican Justices against liberal/Democratic Justices) on a question whether the emergency created by COVID-19 and the dangers of in-person voting justified … Continue reading

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GOP Seeks Supreme Court Stay of Federal Court Order Extending Time for Receipt of Absentee Ballots in Wisconsin Primary Affected by Covid-19; What Will SCOTUS Do?

You can find the filing at this link. As expected the Purcell Principle plays a major role in the argument here, the idea that courts should not make last minute changes in election rules because doing so could confuse voters … Continue reading

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