Trump v. Wisconsin Elections Commission

Linked with:

• Trump v. Biden

Issues: (1) Whether the Wisconsin Elections Commission and local election officials violated Article II, Section 1, clause 2 of the Constitution and the 14th Amendment’s guarantee of equal protection during the 2020 presidential election by implementing unauthorized absentee voting practices in disregard of the Wisconsin Legislature’s explicit command that absentee voting must be “carefully regulated” and that absentee ballots cast outside of the legislature’s authorized procedures “may not be counted;” (2) whether this court should declare the Wisconsin election unconstitutional and void under Article II and thus failed under 3 U.S.C. § 2 and allow the Wisconsin Legislature to appoint its electors; and (3) whether federal courts may rely on the doctrine of laches to avoid reviewing electors clause or equal protection claims arising after absentee balloting began or which could not have reasonably been brought before absentee balloting commenced.

SCOTUSblog Coverage

• Justices issue more orders from Friday’s conference, decline to fast-track election-related cases (Amy Howe)