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This blog is the work of an educated civilian, not of an expert in the fields discussed.

Wednesday, November 04, 2026

Some Quick SCOTUS Reactions Regarding Yesterday's Elections

The Supreme Court gave the cold shoulder to a Trump Justice Department ("DOJ" is a bit too generous) request involving claims that noncitizens may be voting in California. A bit of Election Eve News.

The Democratic wave has significant potential in local justice departments with national effects. Partisan lawsuits, red and blue, are a big thing these days. Federalism for the win! Congress also needs to investigate Judge Emil Bove, among other things. 

I agree Alito retiring NOW is unlikely. I'm not sure how much SCOTUS will otherwise respond as positively as Vladeck suggests. If you want to reference 1936, SCOTUS soon upheld many New Deal programs, and we had a great shift in constitutional law. What is the idea now? 2026 didn't promise to have too many significant cases anyhow.  

Meanwhile, on Election Day, the Supreme Court had another case on the lengths they have gone in the direction of promoting free exercise over establishment, even in the face of discrimination. 

Mirror of Justice Blog (Catholic Legal Blog) back pre-Obergefell argued "race (and maybe sex) is different" in that area. To answer the "what about racist religions" hypos. I disagreed then; I disagree now. 

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