Louisiana Supporters of the Voting Rights Act Ask U.S. Supreme Court for Equality of Briefing

On September 19, supporters of the federal Voting Rights Act filed this brief in the U.S. Supreme Court in Louisiana v Callais, 24-109. This is the pending case over the constitutionality of Section 2 of the federal Voting Rights Act. It had begun as a case over redistricting, and the U.S. Supreme Court already heard the case once, but wants a new oral argument.

The new brief points out that, so far, there is no equal treatment for the two sides to the constitutional issue, because of the odd history of the case. Opponents of the Voting Rights Act have been permitted to file more material with the Court than supporters have.

New Bills in Congress to Ban Mid-Decade Redistricting of U.S. House Seats and to Require Each State to Have a Non-Partisan Redistricting Commission

New bills in Congress have been introduced to reform redistricting for U.S. House. They are S2885, and HR 5449. The Senate bill has three co-sponsors, and the House bill has 52 co-sponsors. All the co-sponsors are Democrats, except that independent U.S. Senator Angus King is a co-sponsor.

Here is the text of the bill. The House bill was introduced September 18 by Zoe Lofgren of California, and the Senate bill was introduced September 19 by Alex Padilla, also of California.

Plaintiffs in Illinois Ballot Access Lawsuit File Brief

On September 19, the plaintiffs in the Illinois ballot access lawsuit filed this brief. Team Kennedy v Illinois State Board of Elections, n.d., 1:24cv-7027. The plaintiffs are trying to overturn the law that won’t let individuals circulate a minor party or independent candidate petition if they had earlier in the year circulated a petition for someone running in a primary. The plaintiffs are also fighting the state’s claim that the lawsuit is moot.

Besides Robert F. Kennedy Jr’s campaign, the plaintiffs include an independent candidate for U.S. House, and the Illinois Libertarian Party.

Republican National Committee Asks for Rehearing in Third Circuit in Pennsylvania Case Over Dates on Outer Envelopes

On September 9, the Republican National Committee asked for a rehearing in the Third Circuit in Eakin v Adams County Board of Elections, 25-1644. This is the lawsuit over the much-litigated Pennsylvania law that says a postal ballot voter must include the date the voter put the ballot in the mail on the outer envelope. No other state has such a law. The Third Circuit had invalidated the law because the panel did not believe the requirement serves any purpose. When postal ballots arrive in Pennsylvania elections offices, each envelope is date-stamped.

The panel decision had been 3-0, and the judge who signed the opinion is a Republican appointee, Judge D. Brooks Smith. But Smith is not a full-time judge, so he can’t vote on the rehearing request. The Third Circuit has thirteen full-time judges, including seven appointed by Republican presidents, and six appointed by Democratic presidents. The issue seems to be a partisan issue, so the rehearing vote is likely to be close. Here is the request for rehearing.