Bost v. Illinois Bd. of Elections · ¶60

Finding no support for a nonparticularized “fair process” harm in either our precedents or the practices of the lower courts, the Court pivots to an analogy. It suggests that, as a candidate running for office who has been told that votes will continue to be counted after election day, Bost is no different from a competitor in a 100-meter dash whose race is “unexpectedly extended to 105 meters.” Ante, at 79. According to the majority, each runner in the newly announced 105-meter race would obviously suffer, regardless of whether he “expects to fnish strong.” Ibid. But whether any given runner is harmed by this rule change depends on a number of factors particular to each competitor, none of which the majority deigns to identify. And, indeed, it is far from obvious that a runner with a track record like Bost's—who expects to win both races based on sound statistical analyses of his…

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