Oral Argument Re-Listen: Bost v. Illinois State Bd. of Elections | Case No. 24-568 | Oral Argument Date: 10/8/25

Link to Docket: Here

Case Preview: https://scotus-oral-arguments.captivate.fm/episode/upcoming-oral-argument-bost-v-illinois-ballot-box-bout-when-can-candidates-challenge-election-rules/

Background: Federal law sets the first Tuesday after the first Monday in November as the federal Election Day. 2 U.S.C. §§ 1 and 7; and 3 U.S.C. § 1. Several states, including Illinois, have enacted state laws that allow ballots to be received and counted after Election Day. Petitioners contend these state laws are preempted under the Elections and Electors Clauses. Petitioners sued to enjoin Illinois' law allowing ballots to be received up to fourteen days after Election Day.

Question Presented: Whether Petitioners, as federal candidates, have pleaded sufficient factual allegations to show Article III standing to challenge state time, place, and manner regulations concerning their federal elections.

Oral Advocates:

1. For Petitioner: Paul D. Clement, Alexandria, Va.;
2. United States, as Amicus Curiae: Michael Talent, Assistant to the Solicitor General, Department of Justice, Washington, D.C.
3. For Respondent: Jane E. Notz, Solicitor General, Chicago, Ill.

Link to Opinion: Here.

Holding: As a candidate for office, Congressman Bost holds standing to challenge the laws that govern the counting of votes in his election.

Result: Reversed and remanded.

Voting Breakdown: 7-2. Chief Justice Roberts delivered the opinion of the Court in which Justices Alito, Thomas, Gorsuch, and Kavanaugh joined. Justice Barrett filed an opinion concurring in the judgment in which Justice Kagan joined. Justice Jackson filed a dissenting opinion in which Justice Sotomayor joined.