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Petition of the day

The petition of the day is:


Issues: (1) Whether the equal protection analysis in ballot-access cases, including Anderson v. Celebrezze and Burdick v. Takushi, incorporates a non-discrimination principle, separate and apart from the Anderson-Burdick burden analysis, as held by the U.S. Courts of Appeals for the 2nd, 3rd, 10th and 11th Circuits, or whether the Anderson-Burdick burden analysis is the sole test for ballot access, as held by the U.S. Court of Appeals for the 6th Circuit here; (2) whether a minor party must show its “exclusion or virtual exclusion” from the ballot to demonstrate a “severe burden” under Anderson-Burdick before strict scrutiny analysis is triggered, or whether a demonstration of significant roadblocks that extend beyond the merely inconvenient, as suggested by Justice Scalia and the U.S. Court of Appeals for the 7th Circuit, are sufficient to trigger a “severe burden” and strict scrutiny analysis; and (3) whether the “flexible analysis” framework of Anderson-Burdick allows a ballot-access scheme that significantly impairs minor parties, when less burdensome alternatives exist but are not employed, as held by the 6th Circuit, or whether, under a “flexible analysis” requires the least burdensome alternative that meets legitimate state interests, as held by the 2nd and 11th Circuits.

Recommended Citation: Kate Howard, Petition of the day, SCOTUSblog (May. 3, 2017, 11:23 PM),