The Supreme Court hears only about 100-150 of the more than 7,000 cases appealed to it each year. Even before getting before the Supreme Court, parties spend significant time briefing the court on why it should hear their case. That’s where Wisconsin’s absentee voting deadline case currently resides.
In September, a federal district court judge extended the deadline to return absentee ballots an additional five days after the election, citing COVID-19 concerns. After initially refusing to hear the case, the 7th Circuit Court of Appeals overturned the order.
In October, the case was once again appealed, this time to the United States Supreme Court. And while the Supreme Court has not ruled on whether it will accept the case, parties have already weighed in, with hundreds of pages in support or opposition to the appeal. Notably, Wisconsin’s legislature, who intervened the the case in favor of upholding current Wisconsin election law, stand opposed to Wisconsin’s governor Tony Evers, who submitted an amicus brief asking the court to overturn the 7th circuit.
Wisconsin’s lawsuit joins several other states with absentee ballot laws winding their way through the federal courts, including Michigan, Minnesota, Pennsylvania, and North Carolina. The Supreme Court struck down a similar ballot extension in Wisconsin this past April, but has shown an aversion to getting involved in state election law.
