“Expedited” review of cases may be in the eye of the beholder. Appeals are pending in Section 3 cases in both Colorado and Michigan. Both states have indicated the cases ought to be resolved by the first week of January to avoid ballot printing issues. But neither appears on track for Supreme Court review anytime soon.

In Colorado, a complaint was filed September 6. The trial court issued an order on November 17. The Colorado Supreme Court’s expedited briefing schedule means oral argument will take place December 6.

In Michigan, a complaint was filed September 15. The trial court issued an order on November 14. The Michigan Court of Appeals has expedited the appeal, and reply briefs are due December 8. The parties also asked the Michigan Supreme Court to take the case immediately, but so far the court has not done so (although that could change at any moment, as might happen in fast paced litigation).

It is quite likely that no final decision from either state will come before mid-December. And if, as many have hyped, the United States Supreme Court is expected to weigh in, it will have about three weeks–including the holidays–to reach a decision on the merits. Yes, the Court has moved at breakneck pace before, as it did in Bush v. Gore. But these state courts are not moving with speed one might expect to maximize time for federal review. Instead, they are moving at a relatively expedited pace that seems most consistent with resolution before the ballot printing deadlines in the state, and a bit of time leftover for the Supreme Court. It seems that the most fulsome briefing may not happen if the Court wants to resolve by a ballot printing deadline. We’ll see how these or other cases proceed in the days ahead.