On October 2, South Dakota appealed Dakotans for Health v Johnson, 25-2940, to the Eighth Circuit. This is the case in which the U.S. District Court had struck down the February petition deadline for initiative petitions.
4
On September 4, the Texas Republican Party filed a federal lawsuit, alleging that the party has a constitutional right to a closed primary instead of an open primary. Hunt v State, n.d., 2:25cv-200. On October 9, the Texas Attorney General filed this motion, saying that the state will not defend its own election law, and that the state agrees with the plaintiffs.
Presumably, supporters of the status quo will now file an amicus curiae brief to defend the law. That is the normal procedure when a state won’t defend the constitutionality of its own laws. Thanks to Linda Curtis for the link.
The Texas State Republican Executive Committee will meet on Saturday, October 11, to decide whether to block certain Republican legislators from running for re-election in the 2026 primary. Last year the party authorized a procedure to bar candidates from the Republican primary if they are disloyal to the party. See this story.
The U.S. Supreme Court will consideer whether to hear Watson v Republican National Committee, 24-1260, at its October 17 conference. This is the case in which the Republican Party and the Mississippi Libertarian Party are trying to overturn a Mississippi law that says postal ballots may be counted if they arrive by three days after election day. The parties argue that the 1872 law setting congressional election day on the first Tuesday after the first Monday in November means that all votes must be in by that day.
The U.S. Supreme Court will consider whether to hear Turtle Mountain Band of Chippewa Indians, 25-253, on November 7. This is the case in which the U.S. District Court had struck down North Dakota’s legislative district boundaries, but then the Eighth Circuit had said that only the federal government can file cases under the Voting Rights Act, section 2. That conclusion was at odds with many other precedents going back sixty years.