Colorado Secretary of State Asks U.S. Supreme Court for a Three-Way Oral Argument

Posted on by January 28, 2024
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The U.S. Supreme Court will hear Anderson v Trump on February 8. As of now, the Court has allotted 30 minutes for attorneys for Donald Trump, and 30 minutes for attorneys for the voters who objected to his ballot inclusion.

on January 26, the Colorado Secretary of State asked the U.S. Supreme Court to give her attorneys fifteen minutes for the Secretary’s argument, so that the oral argument would then become a three-way argument. The Secretary of State wants 15 minutes. Here is her request. It notes that attorneys for the objectors do not consent to her motion, so the Court will need to decide whether or not to grant the Secretary’s request. Trump’s attorneys take no position on the request. The Court will need to decide soon.

Arizona Appeals Decision that Gave No Labels Party the Ability to Block Candidates in its Own Primary

Posted on by January 28, 2024
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On January 26, Arizona filed a notice of appeal in No Labels Party v Fontes, 2:23cv-2172. This is the case in which the U.S. District Court had ruled that No Labels Party has a freedom of association right to block candidates for Congress and partisan state office from running in its primary. The state also asked the U.S. District Court to stay its own opinion, and says if the U.S. District Court doesn’t grant a stay, the state will ask the Ninth Circuit to do so on an emergency basis.

Here is the state’s brief, asking for a stay.

Tennessee Files Brief in Defense of its New Law on Putting Up Signs at Primary Polling Places About “Bona Fide” Members

Posted on by January 28, 2024
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Some Tennessee voters and voting rights organizations are currently suing Tennessee over the new law that requires signs at polling places on primary day, warning that only “bona fide” members of a party may choose that party’s primary ballot. Tennessee does not have registration by party and has always had open primaries, meaning any voter is free to choose any party’s primary ballot.

On January 24, the state filed its brief in defense of the law. It is entirely about procedure. It says the plaintiffs don’t have standing, and raises other procedural points, but says nothing in defense of the law itself. Plaintiffs argue that the law is vague. A principle of criminal law that laws describing crimes must be specific and clear. The case is Ashe v Hargett, m.d., 3:23cv-1256.