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Michael J. Bost, et al. v. Illinois State Board of Elections, et al.
Paid petition · United States Court of Appeals for the Seventh Circuit, No. 23-2644 · judgment August 21, 2024
Before the decision, about 3.1× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a state or local-government respondent.
Question presented
Federal law sets the first Tuesday after the first Monday in November as the federal Election Day. 2 U.S.C. §§ 1 and 7; and 3 U.S.C. § 1. Several states, including Illinois, have enacted state laws that allow ballots to be received and counted after Election Day. Petitioners contend these state laws are preempted under the Elections and Electors Clauses. Petitioners sued to enjoin Illinois' law allowing ballots to be received up to fourteen days after Election Day. The sole question presented here is whether Petitioners, as federal candidates, have pleaded sufficient factual allegations to show Article III standing to challenge state time, place, and manner regulations concerning their federal elections.
Counsel of record
For petitioner
Paul D. Clement
Clement & Murphy, PLLC
For respondent
Jane Elinor Notz
Office of the Attorney General, State of Illinois
Case
Conference history
Distributed for 4 conferences
Amicus briefs
5 cert-stage · 18 merits
(15 supporting pet./neither, 3 respondent)
Argument & decision
Argued October 8, 2025 — Paul D. Clement · Jane E. Notz. Audio and transcript
Decided January 14, 2026. Opinion by Roberts, C.J..
Proceedings
- Feb 17 2026Judgment Issued.
- Jan 14 2026Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Thomas, Alito, Gorsuch, and Kavanaugh, JJ., joined. Barrett, J., filed an opinion concurring in the judgment, in which Kagan, J., joined. Jackson, J., filed a dissenting opinion, in which Sotomayor, J., joined.
- Oct 08 2025Argued. For petitioners: Paul D. Clement, Alexandria, Va.; and Michael Talent, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Jane E. Notz, Solicitor General, Chicago, Ill.
- Sep 25 2025Reply of petitioners Michael J. Bost, et al. filed. (Distributed)
- Sep 22 2025Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
- Sep 05 2025Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
- Sep 02 2025CIRCULATED
- Sep 02 2025Brief amicus curiae of Democratic Party of Illinois filed. (Distributed)
- Sep 02 2025Brief amici curiae of District of Columbia, et al. filed. (Distributed)
- Sep 02 2025Brief amici curiae of Bipartisan Former State Secretaries of State filed. (Distributed)
- Aug 26 2025Brief of respondents Illinois State Board of Elections, et al. filed.
- Aug 22 2025Record received electronically from the United States District Court for the Northern District of Illinois and available with the Clerk.
- Aug 19 2025Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
- Aug 18 2025Record received from the United States Court of Appeals for the Seventh Circuit. The record is electronic and is available on PACER.
- Aug 13 2025Record requested from the United States Court of Appeals for the Seventh Circuit.
- Aug 12 2025SET FOR ARGUMENT on Wednesday, October 8, 2025.
- Jul 29 2025Brief amicus curiae of American Center for Law and Justice filed.
- Jul 29 2025Brief amicus curiae of Republican National Committee filed.
- Jul 29 2025Brief amici curiae of America's Future, et al. filed.
- Jul 29 2025Brief amici curiae of West Virginia, et al. filed.
- Jul 29 2025Brief amici curiae of League of Women Voters, et al. filed. (Distributed). (September 29, 2025--Corrected PDF and booklet. (Distributed)).
- Jul 29 2025Brief amici curiae of Professor Michael T. Morley, et al. in support of neither party filed.
- Jul 29 2025Brief amicus curiae of Election Integrity Project California, Inc. filed.
- Jul 29 2025Brief amicus curiae of Honest Elections Project filed.
- Jul 29 2025Brief amicus curiae of Public Interest Legal Foundation filed.
- Jul 29 2025Brief amici curiae of National Republican Congressional Committee, et al. filed.
- Jul 29 2025Brief amicus curiae of United States filed.
- Jul 29 2025Brief amici curiae of Restoring Integrity and Trust in Elections, et al. filed.
- Jul 29 2025Brief amici curiae of Members of Michigan Fair Elections Institute, et al. filed.
- Jul 29 2025Brief amicus curiae of Center for Election Confidence filed.
- Jul 28 2025Brief amici curiae of Phyllis Schlafly Eagles, et al. filed.
- Jul 22 2025Brief of petitioners Michael Bost, et al. filed.
- Jul 21 2025Motion to dispense with printing the joint appendix filed by petitioners Michael Bost, et al.
- Jul 03 2025Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including July 22, 2025. The time to file respondents' brief on the merits is extended to and including August 26, 2025.
- Jul 01 2025Motion for an extension of time within which to file the briefs on the merits filed.
- Jun 02 2025Petition GRANTED.
- May 27 2025DISTRIBUTED for Conference of 5/29/2025.
- May 19 2025DISTRIBUTED for Conference of 5/22/2025.
- May 14 2025Rescheduled.
- Apr 29 2025DISTRIBUTED for Conference of 5/15/2025.
- Apr 25 2025Reply of petitioners Michael Bost, et al. filed.
- Apr 14 2025Brief of respondents Illinois State Board of Elections, et al. in opposition filed.
- Mar 31 2025Motion to extend the time to file a response is granted and the time is further extended to and including April 14, 2025.
- Mar 28 2025Motion to extend the time to file a response from April 4, 2025 to April 14, 2025, submitted to The Clerk.
- Feb 26 2025Motion to extend the time to file a response is granted and the time is further extended to and including April 4, 2025.
- Feb 25 2025Motion to extend the time to file a response from March 5, 2025 to April 4, 2025, submitted to The Clerk.
- Jan 16 2025Motion to extend the time to file a response is granted and the time is extended to and including March 5, 2025.
- Jan 15 2025Motion to extend the time to file a response from February 3, 2025 to March 5, 2025, submitted to The Clerk.
- Jan 02 2025Response Requested. (Due February 3, 2025)
- Dec 23 2024Brief amici curiae of Restoring Integrity and Trust in Elections, et al. filed. (Distributed)
- Dec 23 2024Brief amici curiae of Members of Michigan Fair Elections Institute, et al. filed. (Distributed)
- Dec 23 2024Brief amicus curiae of Center for Election Confidence, Inc. filed. (Distributed)
- Dec 23 2024Brief amicus curiae of Public Interest Legal Foundation filed. (Distributed)
- Dec 23 2024Brief amici curiae of America's Future, et al. filed. (Distributed)
- Dec 11 2024DISTRIBUTED for Conference of 1/10/2025.
- Dec 04 2024Waiver of right of respondent Illinois State Board of Elections, et al. to respond filed.
- Nov 19 2024Petition for a writ of certiorari filed. (Response due December 23, 2024)