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Supreme Court Reinstates Illinois Congressman’s Lawsuit on Late Ballot Law

The U.S. Supreme Court has reinstated Congressman Michael Bost’s lawsuit challenging Illinois’ mail-in ballot law. This law permits ballots received up to 14 days after Election Day to be counted. The ruling was significant, with a 7-2 split among justices.

Key Details of the Supreme Court Decision

Congressman Bost, a Republican from Illinois, argued that he had the standing to contest the state law governing ballot counts. The majority opinion was written by Chief Justice John Roberts, who emphasized that Bost has a direct interest in how votes are counted, as he is a candidate in the election.

Legal Background

The Supreme Court’s decision overturned a previous ruling by the U.S. Court of Appeals for the 7th Circuit. That court had stated Bost did not have legal standing, upholding a district court’s dismissal of the case. Bost’s initial lawsuit, filed in 2022, claimed that the extension allowed by the law harmed candidates and violated federal law.

Majority and Dissenting Opinions

  • Chief Justice John Roberts emphasized voters’ integrity and the direct stake candidates have in election rules.
  • Justices Sonia Sotomayor and Ketanji Brown Jackson dissented, warning of potential consequences from the ruling.
  • Justice Amy Coney Barrett agreed with the outcome but critiqued the majority’s reasoning, citing it as “unmoored from precedent.”

Barrett indicated that Bost suffered a “pocketbook injury” due to the extended vote counting period, which unnecessarily prolonged his campaign efforts.

Implications of the Ruling

Concerns were raised about the broader implications this ruling could have on electoral processes. Justices warned that it might lead to increased litigation from candidates challenging election rules, which could disrupt the political landscape.

Illinois Secretary of State has opposed this lawsuit, cautioning that the ruling could lead to disorder for election officials and excessive intervention from the federal courts. The Supreme Court has yet to make a decision regarding mail-in ballots in other contexts, notably in an upcoming case involving Mississippi’s voting procedures.

Conclusion

This ruling revives Bost’s legal challenge against Illinois’ late ballot law, allowing further proceedings in lower courts. It brings to the forefront critical discussions about election regulations, candidates’ rights, and the integrity of the democratic process.

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