It’s Election Day in the United States. At SCOTUSblog, we’ll be watching not only for race results, but also for new voting-related legal battles. In recent weeks, the Supreme Court has addressed several emergency applications linked to the midterms, and the justices received – and decided – another one on Monday on alleged noncitizen voting in California.
At the Court
On Monday, the Trump administration returned to the Supreme Court’s interim docket, asking the justices to intervene in its efforts to keep California from counting ballots cast by what it contends are noncitizen voters. Just hours later, the court denied the request. There were no noted dissents. For more on the dispute, see the On Site section below.
Also on Monday, the justices heard argument in two cases: Maxwell v. Dinis, on a federal inmate’s ability to use a habeas statute, 28 U.S.C. § 2241, to contest the Federal Bureau of Prisons’ refusal to accelerate his transfer to a halfway house or home confinement; and Younge v. Fulton Judicial Circuit District Attorney’s Office, Georgia, on whether an affirmative defense may be asserted as a basis for summary judgment if not presented earlier in a pleading.
On Monday afternoon, the court released its calendar for the January argument session, which will begin on Monday, Jan. 11. Learn about the session in the On Site section.
Today, the justices will hear argument in St. Mary Catholic Parish v. Roy, a religious discrimination challenge brought by Catholic preschools in Colorado over the state’s requirement that all schools participating in its universal preschool program must admit everyone – including LGBTQ children and children with LGBTQ parents.
Tomorrow, the justices will hear argument in Guerrero v. Johnson, on the limited circumstances in which a state prisoner can return to federal court for a second round of post-conviction review.
On Oct. 21, the Trump administration asked the justices to allow it to resume construction of its border wall in the Big Bend region of southwestern Texas. The request is now fully briefed, and the court’s decision could come at any time.
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[ H/T SCOTUSblog ]
