Bost v. Illinois Bd. of Elections · ¶24
Yet “[t]his Court has repeatedly emphasized that lower federal courts should ordinarily not alter the election rules on the eve of an election.” Republican National Committee v. Democratic National Committee, 589 U. S. 423, 424 (2020) (per curiam). Such late-breaking, court-ordered rule changes can “result in voter confusion and consequent incentive to remain away from the polls,” and thus undermine the “[c]onfidence in the integrity of our electoral processes . . . essential to the functioning of our participatory democracy.” Purcell v. Gonzalez, 549 U. S. 1, 4–5 (2006) (per cu riam); see also Republican Party of Pennsylvania v. Degraffenreid, 592 U. S. ＿＿＿, ＿＿＿–＿＿＿ (2021) (THOMAS, J., dissenting from denial of certiorari) (slip op., at 4–5). The democratic consequences can be even more dire if courts intervene only after votes have been counted. “Count first, and rule upon legality…Read in context ›
slip opinion
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