6th Circuit Will Probably Hear Stewart v Blackwell on Dec. 6

The 6th circuit will probably hear Stewart v Blackwell on December 6. This is not a ballot access case. But it is very important for the future of all election law constitutional litigation, for the entire nation. Stewart v Blackwell deals with whether the 14th amendment requires that all voters in the state have an equal opportunity to have their vote count. Specifically, can the state use voting equipment with a good rate of preventing voter error in some counties, and worse voting equipment in other counties? The issue all hinges on whether the US Supreme Court meant what it said in Bush v Gore, that each voter must be treated equally. The 6th circuit already ruled 2-1 that Bush v Gore meant what it said, and therefore Ohio could not use punchcard systems in some counties. But the state persuaded the 6th circuit to grant a rehearing before all the 6th circuit full-time judges, and that will probably be December 6. All the briefs are in.


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