In Arizona, the deadline to register to vote in the November 2020 election was Oct. 5, 2020. On that day, U.S. District Judge Steven Logan extended the voter-registration deadline by 18 days, ordering state election officials to accept all voter-registration applications that they received by Oct. 23.
Logan’s order came at the request of two non-profit groups that register voters, Mi Familia Vota and the Arizona Coalition for Change, as well as a Mi Familia Vota organizer, Ulises Ventura. They argued that enforcing the Oct. 5 deadline during the COVID-19 pandemic would burden their constitutional rights.
The state countered that the plaintiffs had waited too long to bring their case, and that it has implemented various measures – for example, allowing voters to register online – to make it easier to register to vote. Logan acknowledged “the importance of reducing voter confusion,” but he observed that “31 other states have later voter deadlines than Arizona.” Moreover, Logan added, voters are not likely to be confused if the deadline is extended: “Voters who are already registered will not need to bother with the new deadline, and those voters that were unable to register before” the Oct. 5 deadline “now have extra time.”
The Republican National Committee, which had joined the lawsuit to oppose the plaintiffs’ request for an extension, appealed Logan’s ruling to the U.S. Court of Appeals for the 9th Circuit.
In an unsigned opinion on Oct. 13, the 9th Circuit put Logan’s order on hold, effective Oct. 15. The 9th Circuit reasoned that although restrictions imposed because of the coronavirus pandemic made it harder for the plaintiffs to register voters, they could still do so online or by mail. By contrast, the 9th Circuit continued, an Oct. 23 deadline would place a “significant” administrative burden on the state. And the plaintiffs’ “extremely late filing relative to the deadline” also weighed in favor of the state, the court of appeals concluded.
|Date||Proceedings and Orders|
|September 30, 2020||Motion for preliminary injunction filed by Mi Familia Vota, et al., in district court|
|October 2, 2020||Response in opposition to preliminary injunction filed by Katie Hobbs, secretary of state of Arizona|
|October 2, 2020||Motion to intervene as defendants filed by Republican National Committee, et al.|
|October 5, 2020||Intervenor's response in opposition to preliminary injunction filed by Republican National Committee, et al.|
|October 5, 2020||District court order extending voter registration deadline to Oct. 23, 2020, by 5 p.m.|
|October 5, 2020||Notice of appeal to 9th Circuit filed by Republican National Committee, at al.|
|October 13, 2020||Prospective stay of deadline extension issued by 9th Circuit, to take effect on Oct. 15|
#SCOTUS announces that it will hold a formal, although "purely ceremonial," investiture ceremony for Justice Amy Coney Barrett next Friday. Attendance at the ceremony is by invitation only, & press coverage will be pooled. Full announcement is here: https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_09-24-21
Need a refresher on "cert before judgment" practice at SCOTUS? We've got you covered.
@steve_vladeck examined the practice (among other types of extraordinary relief) in 2018: https://www.scotusblog.com/2018/12/power-versus-discretion-extraordinary-relief-and-the-supreme-court/
And Kevin Russell wrote a detailed explainer in 2011:
Abortion providers in Texas return to Supreme Court, now asking the justices for immediate review on the merits of their challenge to the state’s six-week abortion ban (cert. before judgment)
The Supreme Court will have a new oral argument procedure when they return to the bench Oct. 4. There will be an opportunity for individual questioning by each justice in order of seniority.
Interesting new procedure for oral arguments when the justices return to in-person arguments next month. Does it increase the chances that we will continue to hear from Justice Thomas, who was an active participant using the taking-turns format? https://twitter.com/GregStohr/status/1440318536723812363
NEW: The Supreme Court just released its December argument calendar. Dobbs v. Jackson Women's Health Organization, the term's big abortion case, will be argued Dec. 1.
#SCOTUS will hear oral argument in Mississippi abortion case challenging Roe v. Wade on Dec. 1. Full December argument calendar is here: https://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentCalDecember2021.pdf
We noted yesterday that Justice Thomas was speaking at Notre Dame but that there was no livestream. A video of his speech is now posted: https://www.youtube.com/watch?v=-kb4bFYdujA
Thomas criticized the media and defended the court's independence. Seems to be a theme among the justices lately.
💥 Breyer continues book tour (including @colbertlateshow two nights ago).
💥 Barrett gave a speech Sunday @uofl.
💥 Thomas is slated to give the 2021 Tocqueville Lecture today @NotreDame (but, like Barrett's speech, there is apparently no livestream).
Incidentally, Gorsuch had been scheduled to give a speech at the University of Wyoming today, but his visit was canceled due to COVID.
Nothing from Kagan or Gorsuch though 😢 https://twitter.com/SCOTUSblog/status/1438530948207874050