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Welcome to the Friday, April 17, Brew. Here’s what’s in store for you as you start your day:
- Coronavirus update: We’re tracking lawsuits against policies implemented in response to the pandemic
- In states where the filing deadlines have passed, 20 U.S. House districts have just one major-party candidate
- Maine Supreme Court chief justice resigns
Updates on stories related to the coronavirus outbreak are current through Thursday afternoon. Click here for the latest news.
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Coronavirus update: We’re tracking lawsuits against policies implemented in response to pandemic
Ballotpedia is providing comprehensive coverage on how the coronavirus (COVID-19) pandemic is affecting America's political and civic life. Our coverage includes how federal, state, and local governments are responding, and the effects those responses are having on campaigns and elections.
Even though many courts across the country are closed right now, lawsuits are still actively filed and processed. Individuals and groups are filing lawsuits in response to policies implemented to address the coronavirus pandemic. Here are a few examples of the lawsuits and court decisions we’ve seen:
Kansas
The Legislative Coordinating Council—a seven-member group made up of the state's legislative leaders from both parties—voted 5-2 along party lines April 8 to revoke Gov. Laura Kelly’s (D) executive order limiting religious gatherings to no more than 10 individuals. Senate President Susan Wagle (R), a member of the council, said the order violated the government’s protections for freedom of religion.
Kelly filed a lawsuit against the council April 9, saying the council’s actions violated the state constitution and that only the full legislature had the authority to revoke executive orders. The Kansas Supreme Court convened through video conference and upheld Kelly’s order on April 11. The court said that the council did not have the power to overrule the governor.
Texas
A group of abortion providers filed suit in U.S. District Court against Gov. Greg Abbott (R) March 25 after he issued an executive order postponing all elective surgeries—including abortions—until April 21. Judge Earl Yeakel of the United States District Court for the Western District of Texas struck down portions of the order April 9. His ruling allowed non-surgical abortions by medication and abortions if the individual would be beyond the legal 22-week limit by April 21. Yeakel was appointed by President George W. Bush in 2003.
On appeal, a three-judge panel of the United States Court of Appeals for the Fifth Circuit overturned the lower court's decision 2-1 on non-surgical abortions but did allow abortions to continue if the individual would be beyond the legal 22-week limit by April 21. Planned Parenthood—one of the original plaintiffs—appealed to the U.S. Supreme Court April 11, asking it to overturn the ban on non-surgical abortions. Before any Supreme Court action, the Fifth Circuit issued an unsigned opinion April 13 allowing medication abortions to proceed.
To date, we’ve identified 33 lawsuits in 20 states relating to actions or policies in response to the coronavirus pandemic. Rulings have been issued in seven of those cases. We will track any additional suits and court rulings on the Ballotpedia website.
Here are some other notable coronavirus-related updates since Thursday's Brew:
- President Donald Trump (R) announced the Guidelines for Opening Up America Again for states to use in planning the gradual resumption of economic activity as conditions warrant.
- New York Gov. Andrew Cuomo (D) extended the state’s stay-at-home order through May 15 and issued an executive order requiring residents to wear face masks in public.
- Missouri Gov. Mike Parsons (R) extended the state’s stay-at-home order from April 24 to May 3.
- Wisconsin Gov. Tony Evers (D) extended that state's stay-at-home order from April 24 to May 26.
- Maryland Court of Appeals Chief Judge Mary Ellen Barbera ordered all courts closed to the public through June 5.
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In states where the filing deadlines have passed, 20 U.S. House districts have just one major-party candidate
The candidate filing deadline to run for federal office has passed in 34 states. In those states where the filing deadlines have already passed, eight U.S. House districts do not have a Democratic candidate and 12 do not have a Republican candidate. There are five such districts in New York and three in Alabama. Colorado and Illinois have two each.
In 2018, 41 of the 435 U.S. House races lacked either a Democratic or Republican candidate in the general election. Three of the 41 races did not have a Democratic candidate on the ballot, and the remaining 38 did not have a Republican candidate running. In comparison, there were 61 such races in 2016 and 76 in 2014.
From 1920 to 2018, there were 2,434 U.S. House races without a Republican candidate in the general election compared to 707 races without a Democratic candidate. During that time span, only six states—Alaska, Delaware, Idaho, Montana, New Hampshire, and Wyoming—had a Democratic and a Republican candidate in each House election.
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Maine Supreme Court chief justice resigns
Maine State Supreme Court Chief Justice Leigh Ingalls Saufley resigned April 14 to become dean of the University of Maine School of Law, her alma mater.
Gov. Angus King (I) appointed Saufley to the court in 1997. In 2001, Saufley became the first woman and the youngest member of the court to be appointed chief justice. She was reappointed to the post again in both 2009 and 2016. Justice Andrew Mead, who first joined the court in 2007, is serving as acting chief of the court.
In Maine, the governor appoints all state Supreme Court members, including chief justices. The state Senate confirms appointees to the court. Twenty-seven chief justices have served on the court since its creation in 1820.
Whether newly appointed or reappointed, judges serve seven-year terms. Maine Supreme Court justices appointed to fill a vacancy do not stand for retention, but they must be reappointed if they wish to serve additional terms.
This year, there have been 11 supreme court vacancies in eight of the 29 states where replacement justices are appointed instead of elected. All vacancies have been due to retirements. Democratic governors are responsible for filling seven of the 11 vacancies, while Republican governors are responsible for filling the remaining four. So far, six of the 11 vacancies have been filled, four by Democratic governors (two in Washington) and two by Republican governors.
Every state, plus the District of Columbia, has at least one supreme court, or court of last resort. These courts do not hear trials. They hear appeals of the decisions made in the lower trial or appellate courts. Two states—Oklahoma and Texas—even have two courts of last resort, one for civil appeals and one for criminal appeals.
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