Eleventh Circuit Appears Hostile to Florida Democratic Party Lawsuit Over Order of Names on Ballot

On February 12, the Eleventh Circuit heard oral argument in Jacobson v Lee, 19-14552. This is the case over the order of candidates on the November ballot. The U.S. District Court had ruled in favor of the Democratic Party, which had filed the case. The law says the nominees of the party that won the governorship in the last election are listed first.

This Courthouse News Service story says the oral argument went badly for the Democratic Party. The three judges are William H. Pryor, a Bush Jr. appointee; Jill Pryor, an Obama appointee; and Robert Luck, a Trump appointee. Judge William Pryor seemed to feel the plaintiffs should have sued all the county election offices instead of the Secretary of State. He also seemed to feel that because the U.S. Supreme Court had said partisan gerrymandering is not unconstitutional, therefore ballot order laws can’t be unconstitutional either.


Comments

Eleventh Circuit Appears Hostile to Florida Democratic Party Lawsuit Over Order of Names on Ballot — 4 Comments

  1. Where is the Supreme Court decision on a state monopolizing the ballot away from the voters and using that monopoly to censor voters’ choices of candidates aka ballot access laws?

  2. Williams v Rhodes 1968 and about 20 later ops.

    — although about 15 earlier election related ops.

    See Constitution Annotated.

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