Burris v. Judge

Issue: (1) Whether the Seventeenth Amendment's express delegation of power to "direct" an election to fill a vacant seat in the United States Senate to state legislatures precludes a federal judge from selecting the candidates that shall appear on the ballot; (2) whether the Seventeenth Amendment allows a state to forgo a special election and instead permit a temporarily appointed United States Senator to serve for the remainder of the vacated term where that term expires in less than two years after the first federal election following the vacancy; and (3) whether categorically excluding any would-be candidate from the ballot in a newly announced special election to fill a vacant seat in the United States Senate unless that individual had already registered and been certified by the Illinois State Board of Elections as a candidate for the regular November election is consistent with the First and Fourteenth Amendments.

Briefs and Documents

Certiorari-stage documents

• Opinion below (7th Circuit)
• Petition for certiorari
• Brief in opposition of Governor Pat Quinn
• Brief in opposition of Gerald Anthony Judge
• Petitioner's supplemental brief