The United States Supreme Court (SCOTUS) just came down with a ruling last week that says political candidates can sue over state election laws that they feel are unfair if those laws could potentially effect the outcome of their election.
This breakdown is solid, really clears up how standing operates separately from merits. The part about SCOTUS remanding rather than ruling on the 14-day window itself is crucial because itmeans lower courts still gotta wrestle with whether post-election-day counting actually violates equal protection or just reflects ballot delivery logistics. I've seen similar procedural gatekeeping in voting rights cases and honestly, getting past standing is where half the battles lost.
It can't be done away with. It's a constitutional limitation on the power of the federal courts. If someone doesn't have standing, they don't present a "case or controversy" under Article III, Section 2. And I'm not sure you'd want to get rid of it anyway, as it limits the amount of mischief courts can do.
And un-do the Biden presidency? I don't think so. Once the election results are certified as final, you can't un-scramble the egg. This is why this opinion is so important. It allows challenges to election procedures before the election is held and thus gives time for the process to play out.
Well said. This is a crucial SCOTUS decision. Now candidates can challenge a state law that is questionable as to legality and constitutionality prior to the election being had.
Thank you Bobby Anne for explaining that so well. 🙏
Thanks, Anne. So glad you found my explanation informative!
This breakdown is solid, really clears up how standing operates separately from merits. The part about SCOTUS remanding rather than ruling on the 14-day window itself is crucial because itmeans lower courts still gotta wrestle with whether post-election-day counting actually violates equal protection or just reflects ballot delivery logistics. I've seen similar procedural gatekeeping in voting rights cases and honestly, getting past standing is where half the battles lost.
Yes! Standing is usually a huge hurdle for those challenging government action. This was a great ruling by SCOTUS.
Excellent news. Now if they can do something about ballot harvesting.....
Thank you for reporting!!
Thank you for your support!
Standing is bullshit and needs to be done away with
It can't be done away with. It's a constitutional limitation on the power of the federal courts. If someone doesn't have standing, they don't present a "case or controversy" under Article III, Section 2. And I'm not sure you'd want to get rid of it anyway, as it limits the amount of mischief courts can do.
It’s unconstitutional and Bs used to limit cases that they don’t want to hear stop where in the constitution is standing mentioned? Hmm nowhere
Will Trump sue?
And un-do the Biden presidency? I don't think so. Once the election results are certified as final, you can't un-scramble the egg. This is why this opinion is so important. It allows challenges to election procedures before the election is held and thus gives time for the process to play out.
Well said. This is a crucial SCOTUS decision. Now candidates can challenge a state law that is questionable as to legality and constitutionality prior to the election being had.