Category Archives: Supreme Court

“Could This Presidential Election Be Decided by the Supreme Court? It is unlikely that the court ends up playing a major role in the outcome, according to elections experts, but it is possible. Here’s why.”

Supreme Court, The Voting Wars
NYT: As the polls open on Election Day, the race between Vice President Kamala Harris and former President Donald J. Trump appears to be a dead heat, leading some to fear that the election will be dragged out and the… Continue reading

Please Stop Wishcasting the Supreme Court into a Decisive Election Role

Bush v. Gore reflections, election administration, election law and constitutional law, Election Meltdown, Supreme Court, The Voting Wars, voting
Justin here.  There’s a tsunami of election litigation cascading through the legal system right now.  It’s producing a lot of public anxiety, in part because it’s designed to produce a lot of public anxiety.  But none of the current litigation… Continue reading

Major Breaking News: Pennsylvania Supreme Court, with No Noted Dissents, Shuts Down Argument Under State Constitutional Law for Counting of Misdated/Undated But Timely Mail-In Ballots Before Election

absentee ballots, Supreme Court
In an unsigned order with no noted dissents, the PA Supreme Court has removed the considerable uncertainty that was generated when the lower court (the Commonwealth Court) issued an opinion holding that misdated or undated but timely mail-in ballots must… Continue reading

Democratic Party Files Brief in Pennsylvania Supreme Court, Asking It to Take RNC Petition and Summarily Affirm That All Undated/Misdated But Timely Ballots Should Be Counted in Upcoming Election (If Court Did This, It Could End Up at SCOTUS)

absentee ballots, Supreme Court
From the motion to intervene: This case presents a question of “substantial public importance.” 210 Pa. Code R. 1114(4). That question is whether the Pennsylvania Constitution’s Free and Equal Elections Clause, art. I, §5 (“Clause”), prohibits county boards of… Continue reading

Breaking: Supreme Court, on (Apparent) Party Line Vote, Allows Virginia Purge of 1,600 Voters Identified as Possible Non-Citizens (But We Know Some are Erroneously on This List)

Supreme Court
Here is the order: All the Republican-appointed Justices voted to allow the purge and all the Democratic-appointed Justices dissented. The argument was that this last minute purge violated the National Voter Registration Act’s ban on systematic cleaning of voting rolls… Continue reading