Opinion Summary: Bost v. Illinois Board of Elections | Election Law Standing
The High Court Report · SCOTUS Oral Arguments
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Show Notes
Bost v. Illinois State Bd. of Elections | Date Decided: 1/14/26 | Case No. 24-568
Question Presented: Whether candidates running for federal office hold Article III standing to challenge state time, place, and manner regulations concerning their federal elections, specifically the state laws that allow ballots to be receivd and counted after election day.
Link to Opinion: Here.
Holding: As a candidate for office, Congressman Bost holds standing to challenge the laws that govern the counting of votes in his election.
Result: Reversed and remanded.
Voting Breakdown: 7-2. Chief Justice Roberts delivered the opinion of the Court in which Justices Alito, Thomas, Gorsuch, and Kavanaugh joined. Justice Barrett filed an opinion concurring in the judgment in which Justice Kagan joined. Justice Jackson filed a dissenting opinion in which Justice Sotomayor joined.
Oral Advocates:
- For Petitioner: Paul D. Clement, Alexandria, Va.;
- United States, as Amicus Curiae: Michael Talent, Assistant to the Solicitor General, Department of Justice, Washington, D.C.
- For Respondent: Jane E. Notz, Solicitor General, Chicago, Ill.