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Several years ago, I had an election case that was dragging on and on. Sensing my impatience, the judge said, “Mr. Elias, the court would rather get it right than fast.” I responded that given the delay, getting the case over fast was no longer an option, so the court should focus on the right outcome.


It has been more than eight months since the Supreme Court began hearing 61 cases this term. Yet, with less than two weeks until the end of June, a third remain undecided. Most notable among those are two cases that bear directly on whether Donald Trump will face federal criminal trials that could end in incarceration.


Already one of those cases, involving Trump’s claim of absolute immunity, has resulted in a delay of his Washington, D.C. federal criminal trial past the November election. Justice delayed is justice denied.


This week I spotlight how timing affects the most important democracy news of the last week.

Every Saturday, I send our members a reading list with the stories that stood out to me and a note at the top, like this, on my general takeaways from the week. If you want the inside scoop on what I’m reading as well as additional exclusive content from me, consider becoming a member for $120/year. Democracy Docket relies on readers like you for support and our premium membership ensures that the team of 14 will have the resources to keep you informed ahead of the election.

Republicans want more time to pitch a dangerous fringe theory to the Supreme Court. It was only a year ago that the Supreme Court rejected the fringe independent state legislature theory in the case Moore v. Harper. This dangerous right-wing legal theory would strip state courts (and even state officials) of the ability to interpret or strike down voter suppression laws. Republicans in Michigan and Pennsylvania have filed lawsuits to revive it. Now, in the most serious effort, the state of Montana has sought more time to file a petition asking the Supreme Court to review a case striking down several voter suppression laws in that state.

It’s time for the GOP to end its war on mail-in voting. The Biden campaign has noticed something I have been complaining about for weeks. At the same time the GOP is saying it wants its voters to vote by mail, its lawyers are in court attacking mail in voting. It is past time for the hypocrisy to end.

Time is running out to protect election workers. With less than five months until Election Day, election workers are concerned that not enough is being done to protect them.

Like all of us, Bode is waiting for the Supreme Court to issue the last of its opinions.

That’s all for this week. If you want to continue receiving my weekly reading lists — plus two monthly newsletters from me, exclusive Q&As and more — upgrade to our premium membership and support Democracy Docket’s work in keeping you informed on the latest news about voting and elections in the courts.







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