Our deeply divided Supreme Court looks poised to speak with one voice on the most important election-related case to hit the court’s docket since its 2000 decision in Bush v. Gore. But its decision may do little more than kick the proverbial can down the road until after the 2024 election.
But the second legal off-ramp might be the one the court is more likely to take. The arguments were dominated by the justices’ worry about unleashing chaos upon our electoral system by giving states the power to kick federal candidates off the ballot. The justices focused on both the legal and practical reasons states may lack power to determine whether federal candidates are barred from the ballot under Section 3 of the 14th Amendment.
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