Skip to main content

Burris v. Judge

Certiorari Denied

Petition for certiorari denied on June 6, 2011.

Docket No.10-367
Op. Below7th Circuit

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.

Welcome to SCOTUSblog

Tell us a bit about yourself so we can tailor what you see. You can update these any time in your account.