Overview

• During oral arguments, several conservative justices indicated Rep. Mike Bost should be allowed to challenge Illinois’ law, though the court has not ruled.
• The case addresses only whether a federal candidate has Article III standing to sue over a state rule counting ballots postmarked by Election Day but received later.
• Chief Justice John Roberts warned it would be a “potential disaster” to tie standing to a candidate’s expected margin, with Justices Brett Kavanaugh and Neil Gorsuch voicing similar concerns.
• Illinois argues Bost’s claimed harms are speculative or self‑inflicted, while Bost cites campaign costs and narrowed victory margins as concrete injuries; lower courts dismissed the suit for lack of standing.
• Illinois counts such ballots for up to 14 days, a practice also used in 18 states and Washington, D.C.; the Trump administration backed allowing Bost to sue, and the ACLU supports recognizing standing rules even as it opposes his position on the merits.