Monday, August 24, 2026

Contributes To Chaos

To be sure, the Court has not foreclosed States from challenging this blatantly unconstitutional Order.  But it declines to explain when, exactly, is the right time to bring a meritorious election-rule claim challenging unconstitutional interference with electoral processes.  The majority just signals that these claimants had to wait -- even though the election cycle had started and despite facing pocketbook costs, threats of prosecution, and an affront to their sovereignty -- before receiving the relief to which they are likely entitled.

I respectfully dissent.  States administering elections and the voting public that relies on them to do so deserve clarity, not caginess or confusion.  The Court does a disservice to all concerned by distorting Article III standing and ripeness principles to issue a ruling that contributes to pre-election chaos instead of quashing it, and by using its equitable authority to facilitate a patently inequitable result. 

-- Supreme Court Justice Ketanji Brown Jackson, in dissent after the majority ruled in Donald J Trump v California that the administration can, for the time being, move forward with its directives relating to citizenship lists and mail ballots (24 August 2026), h/t Law Dork, "What Monday’s Supreme Court election order ruling is and is not"

No comments: