On July 9, the Ninth Circuit voted 2-1 to keep an Idaho injunctive in place. The U.S. District Court in Idaho had granted ballot access relief to an Idaho statewide initiative, due to the health crisis. The Ninth Circuit is also expediting the case. All the briefs are due this month. The argument will be August 10. Reclaim Idaho v Little, 20-35584.

The two judges who refused to grant a stay are Sidney M. Thomas, a Clinton appointee; and Mary M. Schroeder, a Carter appointee. The judge who would have stayed the U.S. District relief is Consuelo M. Callahan, a Bush Jr. apppointee.

On July 13, the U.S. Supreme Court revealed that it will hear Carney v Adams, 19-309, on Monday, October 5. This is the case over the Delaware law that says registered independents, and registered members of parties that are below 5% of the state total, can never be eligible to be appointed to most judicial posts, including the Delaware Supreme Court.

The Third Circuit and the U.S. District Court had both agreed that the law violates the U.S. Constitution. The state appealed, and the U.S. Supreme Court accepted the case, and was set to hear it argued on March 25. But then the health crisis began, and the Court postponed some of the oral arguments until October 2020, including this one.

This will be the first time the U.S. Supreme Court will have said something about independent voters and candidates, since 2005, when it heard an Oklahoma Libertarian case over whether the party had the right to insist on an open primary for itself. In that case, Beaver v Clingman, the party was told that it could not do that. The opinion was by Justice Clarence Thomas. But five justices wrote separately to say sympathetic things about the rights of minor party and independent voters.

On July 13, U.S. District Court Judge Michael McShane put the ballot access relief for Oregon statewide initiatives into a written order. He had already ruled orally that he would grant such relief, but his 14-page order explains his reasoning and gives details. The order says the Secretary of State can put the initiative on the ballot. Or, the Secretary of State can cut the number of signatures by 50% and extend the deadline to August 17.

Here is the order in People Not Politicians v Clarno, 6:20cv-1053. UPDATE: the Secretary of State will appeal to the Ninth circuit. Thanks to Dan Meek for that news.