On September 22, three judges of the Third Circuit issued a new opinion in Carl Lewis’s ballot access lawsuit. The new opinion upholds the decision of the U.S. District Court, and the Secretary of State, that he should not be on the ballot. This is a reversal of what the same panel did last week. Here is the 10-page decision. The case is Lewis v Guadagno, 11-3401. The new ruling does not mention that the same panel had issued a contrary ruling last week.
The new opinion relies on the U.S. Supreme Court ruling in Clements v Fashing, issued in 1982, saying that the right to be a candidate is not a fundamental right. The new opinion upholds the constitutionality of New Jersey’s Constitution, which requires a candidate for State Senate to have lived in the state for the four years preceding the election. Thanks to Rick Hasen for the link.
How many SCOTUS election law cases are in force ??? — for everybody — bureaucrats, candidates, parties, etc. — to be aware of — besides the zillion lower court cases ???
Need a computer now in the election law biz to keep up to date — with second by second updates ???
Possibly the 3rd Circuit heard him sing the national anthem.