The Election Is Already Under Way in America’s Courts

Although the election is not technically until November 3, election season is already well under way—most significantly in the dozens of election-litigation cases that are determining how people can vote, whether they can vote, and whether their votes will be counted. In the many cases that have already been decided, a clear pattern has emerged: Republican litigants seek to limit the franchise, and Republican-appointed judges often allow them to do so; Democratic-appointed judges favor Democratic litigants who seek to expand it. While election law and voting rights might seem to have become nakedly partisan, only one side is actually favoring democracy.  

Each state establishes the rules and procedures for how its residents vote. Those rules are subject to the constraints imposed by the