You can find the Court’s order without opinion, and Justice Alito’s dissent for himself and for Justices Gorsuch and Thomas at this link. (Thanks to Steve Mazie for the pointer.) The case involves whether a part of the Civil Rights Act requires counting ballots where the voter failed to include a date in signing the ballot but the ballot is indisputably received in time.

I agree with Justice Alito that is it is better to resolve this issue before the fall elections, where this issue could be wrapped up in a major election that matters. I’m far more skeptical of Justice Alito’s arguments about how the statute applies. I only have time now to make a quick point: Justice Alito suggests (subject to further consideration and full briefing) that under the statute, “When a mail-in ballot is not counted because it was not filled out correctly, the voter is not denied ‘the right to vote.’ Rather, that individual’s vote is not counted because he or she did not follow the rules for casting a ballot.” That’s a particularly uncharitable and voter-unfriendly reading of a statute that should be read, under the Democracy Canon, to favor the enfranchisement of voters.