The Supreme Court and the 2020 Election:
What Challenges are likely and what will be the Supreme Court's Role in Deciding them?
On Friday, September 11 at 5:30pm, the Supreme Court Preview will feature a panel on "The Supreme Court and the 2020 Election What Challenges are likely and what will be the Supreme Court's Role in Deciding them?" As we approach a historic election in November 2020, many anticipate that election challenges will wind up in federal court. This panel will discuss trends in COVID-related election cases at the Court so far, anticipate which challenges are likely going forward, and will speculate what the Supreme Court’s role will be in deciding them. What has changed at the Court (and otherwise) since Bush v. Gore? How is the Chief Justice likely to navigate election cases before the Court? What role does (and should) the Court play in post-election litigation? On this page, you will find relevant articles and materials to help you discover the intricacies of this topic.
Voting Rights
- A More Liberal Supreme Court? Not When It Comes to Voting Rights - Adam Liptak, The New York Times
- Supreme Court Signals Federal Judiciary Won't Mediate Fights Over Voting and Virus - Jess Bravin, The Wall Street Journal
- As Concerns About Voting Build, The Supreme Court Refuses To Step In - Emmett Witkovsky-Eldred & Nina Totenberg, NPR
- Supreme Court thus far is skeptical of pandemic-related efforts to expand ballot access - Ariane de Vogue, CNN
- Conservatives are Winning the Supreme Court's Most Important Fight: Suppressing the Vote - Jay Willis, The Appeal
- The Supreme Court just rejected a Republican effort to make it harder to vote - Ian Millhiser, Vox
Supreme Court Legitimacy & the 2020 Election
- Rulings on Wisconsin Election Raise Questions About Judicial Partisanship - Adam Liptak, The New York Times
- How Will Chief Justice and Supreme Court Conservative Majority Affect 2020 Election? - Nina Totenberg, NPR
- The Supreme Court May No Longer Have the Legitimacy to Resolve a Disputed Election - Richard L. Hasen, The Atlantic
- The Supreme Court's Future Hinges on the 2020 Election - Noah Feldman, Bloomberg
- Another 'shadow docket' decision? SCOTUS once again blocks relaxed election procedures - Debra Cassens Weiss, ABA Journal
2020 Presidential Electors
- Supreme Court rules presidential electors can be forced to uphold popular vote - Richard Wolf, USA Today
- Supreme Court's "faithless electors" decision validates case for the National Popular Vote Interstate Compact - Barry Fadem, The Brookings Institution
- Supreme Court makes it official: The Electoral College is an anachronism - Boston Globe Editorial Board
Mail-In Voting Disputes
- Supreme Court Turns Down Request to Allow All Texans to Vote by Mail - Adam Liptak, The New York Times
- U.S. Supreme Court Blocks Expanded Voting Access in Alabama Election - Alison Durkee, Forbes