Amy Howe

Oct 6 2020

Breyer rejects Republicans’ plea to stop ranked-choice voting in Maine

The Supreme Court on Tuesday rejected a plea by Republicans in Maine to block the state from using ranked-choice voting in the upcoming presidential election. Justice Stephen Breyer, who handles emergency appeals from the geographic area that includes Maine, turned down the request without comment and without referring the appeal to the full court, suggesting that Breyer did not regard it as a particularly close call.

Maine plans to become the first state to use ranked-choice voting in federal elections in November. Republicans collected signatures to put a referendum on the 2020 ballot to end ranked-choice voting, but Maine’s secretary of state rejected their petition. Republicans challenged that decision in state court, but Maine’s highest court ruled that Republicans had not shown that the requirements imposed by the secretary of state violated the First Amendment.

Maine Republicans came to the Supreme Court on Oct. 2, asking the justices to enter an order barring the state from using ranked-choice voting. The state’s constitution, they argued, “requires the challenged legislation to remain suspended until a successful” referendum is put up for a vote. Breyer denied the Republicans’ request, clearing the way for the state to use ranked-choice voting in November.

This article is also published on SCOTUSblog.

Amy L Howe
Until September 2016, Amy served as the editor and reporter for SCOTUSblog, a blog devoted to coverage of the Supreme Court of the United States; she continues to serve as an independent contractor and reporter for SCOTUSblog. Before turning to full-time blogging, she served as counsel in over two dozen merits cases at the Supreme Court and argued two cases there. From 2004 until 2011, she co-taught Supreme Court litigation at Stanford Law School; from 2005 until 2013, she co-taught a similar class at Harvard Law School. She has also served as an adjunct professor at American University’s Washington College of Law and Vanderbilt Law School. Amy is a graduate of the University of North Carolina at Chapel Hill and holds a master’s degree in Arab Studies and a law degree from Georgetown University.
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