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