Breaking and Analysis: Supreme Court, with 3 Noted Dissents, Won’t Interfere with Pennsylvania Race Requiring Counting of Undated but Timely Mail-In Ballots; Justice Alito Suggests Expeditious Review Before Next Elections

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… Continue reading

Even if the Court Endorses the Independent State Legislature Doctrine, it Would Not Mean State Legislatures Could Appoint Presidential Electors After the Election Has Taken Place

The Supreme Court is likely to grant a cert. petition, possibly the pending one from North Carolina, on what’s known as the “independent state legislature” issue.  The Constitution’s Elections Clause gives state “legislatures” power to regulate national elections; the issue… Continue reading