On May 1, the Sixth Circuit issued a nine-page opinion, upholding the Tennessee law that requires 43,498 signatures for a new or previously unqualified party to get on the Tennessee ballot. Darnell v Hargett, 24-5856.

The opinion is by Judge Chad Readler, a Trump appointee. It is also signed by Judge Amul Thapar, another Trump appointee; and Eric Clay, a Clinton appointee. It will not be published.

It merely says that the law has been upheld before. It does not mention that since then, the Sixth Circuit struck down Michigan’s 30,000-signature requirement for independent statewide candidates. Nor does it mention that the Tennessee law has existed since 1972 and has never been used. It doesn’t mention any U.S. Supreme Court ballot access opinion.

On April 18, U.S. District Court Judge Louis Guirola issued a stay of the latest ruling in Republican National Committee v Wetzel. This is the case over the deadline for postal ballots to be received in the elections office. The purpose of the stay is to freeze the status quo until the U.S. Supreme Court decides the issue.

Mississippi law says a postal ballot must be postmarked by election day but can be received up to five days after election day. The Republican National Committee had then sued Mississippi, arguing that a 19th century law, setting congressional election day on the first week of November, really means that all ballots must be received by election day. The U.S. District Court had ruled against the Republican National Committee and upheld the state law. But then the Fifth Circuit had reversed, saying Mississippi cannot allow five days after the election for ballots to be received.

Now the state will ask for U.S. Supreme Court review. While that process is underway, the decision is stayed and the statute is still in force.

The U.S. Supreme Court has again put off the conference date for Meadors v Erie County Board of Elections, 24-684, the case over the May petition deadline for independent candidate petitions in New York. The original conference date had been April 25, but that had been moved to May 2. Now it has been moved again to an unspecified future date.