Posted: April 18, 2011
Ohio case now ready for SCOTUS ruling
Scotusblog has a link and analysis of the reply brief in support of the stay application in the Ohio provisional ballot case that raises an Equal Protection issue concerning the applicability of Bush v. Gore. As the scotusblog analysis indicates, the new reply brief emphasizes the apparent tension between that famous 2000 case and an much earlier and less well-known precedent, Snowden v. Hughes. The need for the Court to clarify the relationship between these two Equal Protection holdings is the reason why, according to the petitioners, this case is "certworthy" (i.e., worth of U.S. Supreme Court consideration). An analysis of these two cases and how the Court might choose to reconcile them is also the subject of this recent student paper.