Overview

• During Oct. 8 arguments, several conservative justices questioned Illinois’ position that standing should depend on a candidate’s expected margin of victory.
• Chief Justice John Roberts called that approach a “potential disaster,” and Justices Brett Kavanaugh and Neil Gorsuch raised concerns about courts having to forecast election outcomes.
• Rep. Mike Bost argues he suffers pocketbook and reputational harms from Illinois’ policy counting ballots postmarked by Election Day for up to 14 days, while the state says any injury is speculative or self‑inflicted.
• Lower courts dismissed the case for lack of standing, and the Supreme Court is reviewing only who may sue, not the merits of counting late‑arriving, timely postmarked ballots.
• Illinois is one of 18 states plus Washington, D.C., with similar rules; a decision expected by June could open federal courts to more pre‑election challenges, a move supported in part by the Trump administration.