Yesterday I wrote about Paul Clement's "Article III of the Deal" in Bost v. Illinois State Board of Election. It seems that the Court will find that a member of Congress has standing to challenge a law that permits the counting of absent ballots that are received two weeks after election day. Before the election, the law does not operate directly on candidates. And even after the election, the late-arriving ballots may have no appreciable impact on the outcome of the race. But during oral argument, several justices were mortified by the prospect of funneling these cases to post-election litigation. Specifically, the Justices worried that if the court finds that the Constitution prohibits counting these ballots, then judges would have to disqualify ballots. Indeed, the Supreme Court in part
SCOTUS Still Has PTSD From The 2020 Election

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