Eight months has elapsed since the Third Circuit heard Constitution Party v Cortes, 16-3266. The issue is the requirement that minor party and independent candidate petitions for statewide state office include at least 100 signatures from each of ten counties. The U.S. Supreme Court struck down county distribution requirements for statewide petitions in 1969 in Moore v Ogilvie, 394 US 814. No other state requires minor party or independent candidates to comply with a county distribution requirement.

Pennsylvania also has a county distribution requirement for Democrats and Republicans seeking a place on a primary ballot, if they are running for state (not federal) office. If the Constitution, Green and Libertarian Parties win their case in the Third Circuit, it is inevitable that someone will challenge the primary petition distribution requirement as well. Petitioning for Pennsylvania primary elections for 2018 starts in February 2018, so it seems important that the Third Circuit put out its decision soon. Here is a link to the audio for the hearing that was held in the Third Circuit back on March 22, 2017.