(WASHINGTON) — The Supreme Court on Wednesday significantly expanded the ability of candidates for political office to challenge rules governing an election, rolling back lower court decisions that had said a candidate needed to show concrete harm in order to bring a suit.
The 7-2 decision handed a victory to Republicans in Illinois who are contesting a state policy of counting timely cast but late-arriving mail ballots up to two weeks after Election Day.
It also promises to increase litigation nationwide ahead of the midterm election.
“Candidates have a concrete and particularized interest in the rules that govern the counting of votes in their elections, regardless whether those rules harm their electoral prospects or increase the cost of their campaigns,” wrote Chief Justice John Roberts in the court’s opinion.
Roberts concluded that candidates — by virtue of running for office alone — should have the ability to bring legal challenges over rules governing how campaigns are conducted and votes are cast and counted.
Justices Amy Coney Barrett and Elena Kagan concurred with the court’s judgment in the case but on different grounds, saying candidates should need to show a “pocketbook injury” or other “actual or imminent injury” before being allowed to sue.
In dissent, Justice Ketanji Brown Jackson, joined by Justice Sonia Sotomayor, accused the majority of breaking from settled law and “unnecessarily thrusting the judiciary into the political arena.”
“By carving out a bespoke rule for candidate-plaintiffs — granting them standing to challenge the rules that govern the counting of votes, simply and solely because they are candidates for office — the Court now complicates and destabilizes both our standing law and America’s electoral process,” Jackson wrote.
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