Bost v. Illinois Bd. of Elections · ¶37

Rather than take this straightforward path, the Court charts a novel one: To challenge “the rules that govern the counting of votes in his election,” a candidate need only allege that he is in fact a candidate in that election. Ante, at 76. The Court makes no attempt to demonstrate that the bare fact of facing changed vote-counting rules is a traditionally recognized harm. See TransUnion LLC v. Ramirez, 594 U. S. 413, 424–425 (2021). Nor does it grapple with Al ready, LLC v. Nike, Inc., which holds that a plaintiff cannot show an Article III injury by claiming only that an allegedly unlawful practice benefits a competitor without any showing of harm to himself. 568 U. S. 85, 99 (2013). By holding that a candidate always has an interest in challenging vote- counting rules, even if those rules do not impose a competitive disadvantage on him, the Court today relieves candidates of having…

preliminary print (page proof)
Source edition
Passage preview. Read in context for the complete text, notes and references.