Supreme Court’s Vague Election Orders Are a 2020 Wild Card In the unbelievably complicated run-up to the 2020 elections, a variable we really aren’t used to seeing is frequent interventions in election law disputes by the U.S. Supreme Court. It’s largely a product of the vast wave of litigation by competing voting-rights and voting-suppression interest groups, mostly generated by adjustments in election procedures attributable to the COVID-19 pandemic. But it’s made more frustrating by the fact that the Supreme Court’s involvement is via largely unexplained “orders” in response to “emergency” requests for rulings, which can make life difficult for lower courts and the contending parties. As Adam Liptak of the New York Times observes , we are in uncharted territory here: At least nine times since April, the Supreme Court has issued rulings in election disputes. Or perhaps “rulings” is too generous a word for those unsigned orders, which addressed matters as conse...
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