The NCSL Blog

U.S. Supreme Court

27
SCOTUS Upholds Wisconsin Law Requiring Absentee Ballots in by Election Day

In a 5-3 decision the U.S. Supreme Court disallowed a lower court decision to go into effect which would have allowed absentee ballots to be counted if they were received as late as Nov. 9, as long as they were postmarked on or before Election Day.

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23
ADA at Issue in Supreme Court Ruling on Curbside Voting in Alabama

The U.S. Supreme Court has frozen a district court order that lifted Alabama’s ban on curbside voting. As a result, Alabama must halt curbside voting.

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20
U.S. Supreme Court Allows Pennsylvania to Count Ballots Received After Election

In a 4-4 decision, the U.S. Supreme Court allowed a Pennsylvania Supreme Court decision that requires ballots received up to three days after the election to be counted to stand. Ballots clearly postmarked after 8 p.m. on election night will not be counted if they arrive later than 5 p.m. on Nov. 6.

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19
Supreme Court to Decide if Census Results May Exclude Undocumented Persons

On Nov. 30, one month before the secretary of commerce is supposed to report to the president the results of the census, the U.S. Supreme Court will hear oral argument in New York v. Trump. In this case, a three-judge panel ruled that the secretary of commerce may not provide the president with a census count that excludes undocumented persons. The state-by-state population breakdown the secretary of commerce provides to the president is used to apportion seats to the House of Representatives.

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14
Supreme Court Allows Census Count to Stop

The Supreme Court has frozen in place a district court order requiring the Census Bureau to continue counting people through Oct. 31. As a result, the Census Bureau may immediately stop the count. 

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09
What Might a Justice Barrett Mean for States and Local Governments?

The confirmation hearings for Judge Amy Coney Barrett begin on Monday. She undoubtably will be asked about her views on the Affordable Care Act, guns, and abortion. Like her predecessors, she will try to say as little as possible about her views on hot button issues. But what about her thoughts on less controversial topics the Supreme Court decides on a more regular basis, upon which states and local governments may have more agreement like land use, qualified immunity, and free speech?

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08
U.S. Supreme Court Overturns Judge-Made Change to South Carolina Absentee Voting Requirement

In Andino v. Middleton the Supreme Court has continued its trend of striking down judge-made changes to state election laws in response to COVID-19.

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08
Supreme Court to Decide Significant Voting Case

In Brnovich v. Democratic National Committee, the U.S. Supreme Court will decide whether Arizona’s refusal to count out-of-precinct votes violates Section 2 of the Voting Rights Act (VRA) and whether Arizona’s limits on third-party ballot collection violate Section 2 of the VRA and the 15th Amendment.

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28
State/Local Government Cases SCOTUS Will Hear While Down a Justice

Unless something surprising happens, Judge Amy Coney Barrett is expected to take the bench before the Supreme Court hears the most recent challenge to the constitutionality of the Affordable Care Act on Nov. 10. But before she is confirmed the court will hear 10 cases in its October siting with only eight justices on the bench. 

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21
Justice Ginsburg’s Impact on State and Local Government

History will remember Justice Ruth Bader Ginsburg, who died at age 87 last Friday, as a smasher of glass ceilings, a feminist, a liberal, a dissenter, and an icon. States and local governments will also remember something subtler about her which was more visible in the Supreme Court’s lower profile cases. And that was her pragmatism.

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About the NCSL Blog

This blog offers updates on the National Conference of State Legislatures' research and training, the latest on federalism and the state legislative institution, and posts about state legislators and legislative staff. The blog is edited by NCSL staff and written primarily by NCSL's experts on public policy and the state legislative institution.