The U.S. Supreme Court doesn’t officially open its new term until Monday October 6, but the justices are already at work, opening this week with two items of interest: an Ohio-based voting law challenge that’s before Justice Elena Kagan on an emergency petition for a stay, and a conference scheduled for this morning to review several petitions for review on same-sex marriage.
At issue in the Ohio case is a recent law cutting back early in-person voting from thirty-five to twenty-eight days, barring voting on most Sundays in the coming weeks and eliminating voting in the early evening on any day.
A federal district court and the 6th U.S. Circuit Court of Appeals both found those voting changes unconstitutional, and the state is now asking the nation’s highest court to stay those rulings pending a review of the underlying merits — the upshot of which would be curtailed voting under the new law for the upcoming elections there. A decision is expected any time from Justice Kagan, who is the justice assigned for emergency relief in the Sixth Circuit.
A similar path is likely ahead for North Carolina’s challenged voting law, which is under review by the Fourth Circuit. A decision on whether voting changes here will be in effect for the upcoming election is also expected at any time and then will head on an expedited basis to the Supreme Court, to be reviewed by Chief Justice John Roberts, who presides over requests for emergency relief from the Fourth Circuit.
For more on the Ohio case, read here.
Also before the court in conference today are seven petitions for review of lower court decisions on same-sex marriage — including three from the Fourth Circuit’s decision tossing Virginia’s marriage ban.
To read more about those petitions and the likelihood of the Court taking a same-sex marriage case this term, read here.