In a significant development for election integrity debates, U.S. Representative Darrell Issa’s federal lawsuit challenging the counting of mail-in ballots received after Election Day has been put on hold, pending a crucial decision from the U.S. Supreme Court.
Issa initiated legal action against California Secretary of State Shirley Weber and other involved parties, seeking to prevent the tabulation of ballots postmarked by Election Day but received later, a practice common in several states including California.
San Diego federal judge Robert Schopler issued an order Wednesday to stay proceedings in Issa’s case. This judicial pause was explicitly granted in anticipation of the Supreme Court’s upcoming verdict in a similar, precedent-setting case, highlighting the interconnectedness of these high-stakes legal challenges.
The specific case influencing Judge Schopler’s decision is Bost v. Shinn, where Illinois Republican Congressman Mike Bost filed a similar suit in May 2022. This case has already progressed through the 7th Circuit U.S. Court of Appeals and was accepted by the Supreme Court for review in June, signaling its national importance regarding voter rights and election law.
It’s vital to note that the Supreme Court’s review in Bost will focus narrowly on the question of whether federal candidates have sufficient “standing” to challenge state time, place, and manner regulations for federal elections, rather than the constitutionality of late mail ballot counting itself. This distinction is pivotal for understanding the potential implications of the high court’s ruling.
Curtis Morrison, a defendant granted intervenor status in the Issa lawsuit and a prospective opponent in the 2026 election, weighed in on the stay. Morrison quipped that this pause might free up Issa’s time for other political endeavors, underscoring the ongoing political ramifications of such litigation.
Further complicating the legal landscape, the United States recently filed an amicus brief in the case, indicating the broader federal interest in the outcome. Despite these developments, efforts to obtain direct comment from Secretary Weber’s office, Congressman Issa, and their respective legal teams have yet to yield responses.
As per Judge Schopler’s brief order, all parties in the Issa case are mandated to file a motion to lift the stay and propose a case management schedule within seven days of the Supreme Court’s resolution in Bost, a decision widely anticipated in 2026, setting the stage for future legal skirmishes over mail-in ballots and election integrity.
Leave a Reply