On June 16, the Sixth Circuit refused to rehear Thompson v Dewine, 20-3526. This is the case in which a U.S. District Court in Ohio had ordered ballot access relief for proponents of an Ohio initiative, but then the Sixth Circuit had reversed, and said because Ohio’s lock-down had included an exception for “First Amendment activities”, therefore the initiative proponents were free to be circulating, and the state could not be blamed for their difficulties caused by the health crisis.

The proponents had already asked the U.S. Supreme Court to overrule the Sixth Circuit, even before the Sixth Circuit had made a decision about rehearing. Now that the Sixth Circuit has refused to rethink the case, it is now docketed in the U.S. Supreme Court, 19A1054.

This is the first ballot access case related to the health crisis that has been presented to the U.S. Supreme Court.