WASHINGTON, D.C. — In a decision that makes it easier for political candidates to challenge election-related harms while leaving ordinary Americans without similar recourse, the U.S. Supreme Court ruled that candidates may challenge state laws governing the counting of votes in their own races but declined to base that on broader standing principles applicable for all citizens harmed by unlawful government action.
The Court’s ruling in Bost v. Illinois State Board of Elections revives a lawsuit brought by U.S. Rep. Michael Bost against Illinois election officials. The Rutherford Institute joined the American Civil Liberties Union, the League of Women Voters, and their Illinois affiliates in an amicus brief urging the Court to adopt a broader rule: that any individual—not just political candidates—has standing when forced to incur costs to counter or mitigate allegedly unlawful government action. While the majority of the Court declined to go that far, Justice Amy Coney Barrett, joined by Justice Elena Kagan, cited the coalition’s amicus brief as support in a concurring opinion. The concurrence reasoned that financial harm caused by government action can establish standing for a wide range of plaintiffs beyond political candidates, depending on the context.
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