This case centers on the deployment of drop boxes for voters in Ohio to deposit their absentee ballots after completing them. The Ohio Democratic Party and Lewis Goldfarb, a retired law professor, sued Ohio Secretary of State Frank LaRose in August to challenge LaRose’s directive that, although Ohio law allows the use of drop boxes, each county in the state can have only one drop box, which must be placed outside the county board of elections office. The challengers asked a state trial court to rule on whether Ohio law does in fact bar election officials from putting more than one drop box in each county. They noted that, because of the COVID-19 pandemic, as many as half of all voters are likely to use absentee ballots in the upcoming November elections. And they cited concerns that voters without cars could have trouble reaching a county’s lone drop box; even voters with cars, they added, might encounter long lines of traffic if there is just one drop box.
Judge Richard Frye ruled for the challengers on Sept. 15. Observing that the size of the state’s counties vary dramatically, in terms of both square miles and population, he concluded that LaRose acted “arbitrarily” in prohibiting election officials from installing additional drop boxes. He ruled that “every board of elections is legally permitted to consider enhancing safe and convenient delivery of absentee ballots and may tailor ballot drop box locations or conceivably other secure options to the needs of their individual county.”
LaRose appealed Frye’s decision; a state appeals court heard oral arguments on Sept. 25. A parallel lawsuit in federal court is on hold pending the state court’s decision.
The state’s intermediate appellate court ruled on Oct. 2 that although Ohio law does not require LaRose to limit drop boxes to one per county, the law also does not require him to allow more boxes. However, the court added, if LaRose wants to allow more boxes, he is free to do so. LaRose issued a directive on Oct. 5 to clarify that county elections boards could decide to install additional drop boxes outside their offices and to have employees outside the offices to collect absentee ballots. But under the directive, voters would still have to go to an elections board office — and only to an elections board office — to return their ballots.
Early voting began in Ohio on Oct. 6.
|Date||Proceedings and Orders|
|August 25, 2020||Complaint filed by Ohio Democratic Party, et al., in Ohio trial court|
|September 8, 2020||Response and motion to dismiss filed by Frank LaRose, secretary of state of Ohio|
|September 15, 2020||Opinion granting preliminary injunction of policy prohibiting more than one drop box per county|
|September 16, 2020||Notice of appeal to 10th District Ohio Court of Appeals filed by Frank LaRose|
|October 2, 2020||State appeals court decision overturning trial court injunction|
|October 5, 2020||Directive of Frank LaRose allowing installation of additional drop boxes solely outside elections board offices|
#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