Trump v. California · ¶43

This ruling violates well-established precedents concerning this Court’s equitable discretion and needlessly injects chaos and uncertainty into the upcoming midterm elections. It also lets another shoe drop in the Kafkaesque nightmare that our precedents have been steadily creating for certain plaintiffs who seek to bring election-related challenges. The Court has held for a while now that even valid election-related legal claims can come too late. See Purcell v. Gonzalez, 549 U. S. 1, 4–6 (2006) (per curiam). Today’s revelation is that such claims can also come too early— never mind that an election is looming and related harms are presently occurring. Never mind, too, that the Government (which controls the timing of proposed and final rules) can easily game the system.

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