Election Law and Voting Rules

In a 7–2 decision the Supreme Court held that candidates have a “concrete and particularized” interest to sue over vote‑counting rules before proving they were harmed, reviving Rep. Mike Bost’s challenge to an Illinois law that counts ballots postmarked by Election Day if received within two weeks — a practice used in more than a dozen states and D.C. — and signaling the Court will take up this broader question this spring; the ruling drew a concurrence from Justice Amy Coney Barrett (joined by Elena Kagan) and a dissent from Justice Ketanji Brown Jackson (joined by Sonia Sotomayor) and provoked mixed reactions from legal scholars and advocacy groups, with the Trump administration backing Bost.