Friday, March 08, 2024
Hi Professor Redacted.
I wanted to bring to your attention an opinion released yesterday by the Indiana Supreme Court, in which a gop senate candidate was removed from the ballot, using the burdick v takushi framework.
The opinion was being written at the same time as trump v anderson, so it does not mention or discuss the trump case, and reaches an opposite conclusion. It was 3-2.
I am skeptical that Burdick is the correct standard to use here, in light of crawford's holding that anderson rather than burdick is the correct standard. But whether the overall conclusion is correct or not is a bit above my pay grade.
What I am wondering is whether the Rust and Trump cases are compatible. If the Rust case conflicts as a matter of law with the Trump case, that would be reasonable grounds for a shadow docket motion for a stay. In the next week or so I am likely to either do nothing, draft an amicus, or draft a motion to intervene, which would probably be denied as untimely, but is a filing in which I could make similar points as in an amicus.
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