Overview

• During argument, Chief Justice John Roberts warned that blocking pre‑election suits would invite a “potential disaster” of post‑election litigation, and Justice Brett Kavanaugh voiced similar concerns.
• The case asks only whether Rep. Mike Bost and two presidential electors have Article III standing, not whether Illinois may count ballots received up to 14 days after Election Day.
• Lower courts threw out the 2022 suit for lack of standing; Bost’s team claims candidate interests, substantial‑risk harms, and added campaign costs justify pre‑election access to federal court.
• Illinois urged the Court to keep the bar high, arguing broad candidate standing would flood courts with abstract disputes, while the U.S. government backed a narrower rule tied to risk of affecting an outcome.
• A decision permitting standing could trigger challenges to similar laws in many states, including the 18 states and D.C. that accept properly postmarked ballots after Election Day, with a ruling expected by June.