Bost v. Illinois State Board of Elections
Holding
As a candidate for office, Congressman Michael Bost has standing to challenge the rules that govern the counting of votes in his election.
Judgment
Reversed and remanded, 7-2, in an opinion by John Roberts on Jan 14, 2026. Justice Barrett filed an opinion concurring in the judgment, joined by Justice Kagan. Justice Jackson filed a dissenting opinion, joined by Justice Sotomayor.
Nov 19, 2024Petition for a writ of certiorari filed. (Response due December 23, 2024)Dec 4, 2024Waiver of right of respondent Illinois State Board of Elections, et al. to respond filed.
Dec 11, 2024DISTRIBUTED for Conference of 1/10/2025.
Dec 23, 2024Brief amici curiae of Restoring Integrity and Trust in Elections, et al. filed. (Distributed)Dec 23, 2024Brief amici curiae of Members of Michigan Fair Elections Institute, et al. filed. (Distributed)Dec 23, 2024Brief amicus curiae of Center for Election Confidence, Inc. filed. (Distributed)Dec 23, 2024Brief amicus curiae of Public Interest Legal Foundation filed. (Distributed)Dec 23, 2024Brief amici curiae of America's Future, et al. filed. (Distributed)Jan 2, 2025Response Requested. (Due February 3, 2025)
Jan 15, 2025Motion to extend the time to file a response from February 3, 2025 to March 5, 2025, submitted to The Clerk.Jan 16, 2025Motion to extend the time to file a response is granted and the time is extended to and including March 5, 2025.
Feb 25, 2025Motion to extend the time to file a response from March 5, 2025 to April 4, 2025, submitted to The Clerk.Feb 26, 2025Motion to extend the time to file a response is granted and the time is further extended to and including April 4, 2025.
Mar 28, 2025Motion to extend the time to file a response from April 4, 2025 to April 14, 2025, submitted to The Clerk.Mar 31, 2025Motion to extend the time to file a response is granted and the time is further extended to and including April 14, 2025.
Apr 14, 2025Brief of respondents Illinois State Board of Elections, et al. in opposition filed.Apr 25, 2025Reply of petitioners Michael Bost, et al. filed.Apr 29, 2025DISTRIBUTED for Conference of 5/15/2025.
May 14, 2025Rescheduled.
May 19, 2025DISTRIBUTED for Conference of 5/22/2025.
May 27, 2025DISTRIBUTED for Conference of 5/29/2025.
Jun 2, 2025Petition GRANTED.
Jul 1, 2025Motion for an extension of time within which to file the briefs on the merits filed.Jul 3, 2025Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including July 22, 2025. The time to file respondents' brief on the merits is extended to and including August 26, 2025.
Jul 21, 2025Motion to dispense with printing the joint appendix filed by petitioners Michael Bost, et al.Jul 22, 2025Brief of petitioners Michael Bost, et al. filed.Jul 28, 2025Brief amici curiae of Phyllis Schlafly Eagles, et al. filed.Jul 29, 2025Brief amicus curiae of American Center for Law and Justice filed.Jul 29, 2025Brief amicus curiae of Republican National Committee filed.Jul 29, 2025Brief amici curiae of America's Future, et al. filed.Jul 29, 2025Brief amici curiae of West Virginia, et al. filed.Jul 29, 2025Brief amici curiae of League of Women Voters, et al. filed. (Distributed). (September 29, 2025--Corrected PDF and booklet. (Distributed)).Jul 29, 2025Brief amici curiae of Professor Michael T. Morley, et al. in support of neither party filed.Jul 29, 2025Brief amicus curiae of Election Integrity Project California, Inc. filed.Jul 29, 2025Brief amicus curiae of Honest Elections Project filed.Jul 29, 2025Brief amicus curiae of Public Interest Legal Foundation filed.Jul 29, 2025Brief amici curiae of National Republican Congressional Committee, et al. filed.Jul 29, 2025Brief amicus curiae of United States filed.Jul 29, 2025Brief amici curiae of Restoring Integrity and Trust in Elections, et al. filed.Jul 29, 2025Brief amici curiae of Members of Michigan Fair Elections Institute, et al. filed.Jul 29, 2025Brief amicus curiae of Center for Election Confidence filed.Aug 12, 2025SET FOR ARGUMENT on Wednesday, October 8, 2025.
Aug 13, 2025Record requested from the United States Court of Appeals for the Seventh Circuit.
Aug 18, 2025Record received from the United States Court of Appeals for the Seventh Circuit. The record is electronic and is available on PACER.
Aug 19, 2025Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.Aug 22, 2025Record received electronically from the United States District Court for the Northern District of Illinois and available with the Clerk.
Aug 26, 2025Brief of respondents Illinois State Board of Elections, et al. filed.Sep 2, 2025CIRCULATED
Sep 2, 2025Brief amicus curiae of Democratic Party of Illinois filed. (Distributed)Sep 2, 2025Brief amici curiae of District of Columbia, et al. filed. (Distributed)Sep 2, 2025Brief amici curiae of Bipartisan Former State Secretaries of State filed. (Distributed)Sep 5, 2025Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
Sep 22, 2025Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Sep 25, 2025Reply of petitioners Michael J. Bost, et al. filed. (Distributed)Oct 8, 2025Argued. For petitioners: Paul D. Clement, Alexandria, Va.; and Michael Talent, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Jane E. Notz, Solicitor General, Chicago, Ill.
Jan 14, 2026Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Thomas, Alito, Gorsuch, and Kavanaugh, JJ., joined. Barrett, J., filed an opinion concurring in the judgment, in which Kagan, J., joined. Jackson, J., filed a dissenting opinion, in which Sotomayor, J., joined.
Feb 17, 2026Judgment Issued.Recommended Citation: Bost v. Illinois State Board of Elections, SCOTUSblog, https://www.scotusblog.com/cases/bost-v-illinois-state-board-of-elections/