Author

Mandy Gillip

Mandy Gillip is a project director at Ballotpedia. Contact us at editor@ballotpedia.org.

U.S. Supreme Court issues ruling in two cases on July 1

By Mandy Gillip
In Federal
July 6, 2021 at 2:16 PM

The Supreme Court of the United States (SCOTUS) issued rulings in two cases on July 1. One case—Americans for Prosperity v. Bonta—was argued during the court’s April sitting, while Brnovich v. Democratic National Committee was argued during the court’s March sitting.

In Americans for Prosperity v. Bonta, the Thomas More Law Center and Americans for Prosperity challenged a California policy requirement that tax-exempt §501(c)(3) charitable organizations must disclose the names and addresses of major donors. The groups argued that the policy violated the First Amendment to the U.S. Constitution. On appeal, the U.S. Court of Appeals for the 9th Circuit had ruled in favor of the state. However, in a 6-3 opinion, the U.S. Supreme Court reversed that ruling and remanded the case for further proceedings, holding that the district court was correct in entering judgment in favor of the petitioners and permanently enjoining the California Attorney General from collecting their Schedule B forms. SCOTUS ruled that the Ninth Circuit erred when it vacated those injunctions and directed the entry of judgment for the attorney general. Chief Justice John Roberts delivered the majority opinion of the court. Justice Clarence Thomas filed a concurring opinion. Justice Samuel Alito filed a concurring opinion, joined by Justice Neil Gorsuch. Justice Sonia Sotomayor filed a dissenting opinion, joined by Justices Stephen Breyer and Elena Kagan..

With a 6-3 opinion in Brnovich v. Democratic National Committee, the U.S. Supreme Court reversed the U.S. Court of Appeals for the 9th Circuit’s ruling and remanded the case for further proceedings, holding that Arizona’s out-of-precinct policy and HB 2023 did not violate §2 of the Voting Rights Act, and that HB 2023 was not enacted with a racially discriminatory purpose. Justice Samuel Alito delivered the majority opinion of the court. Justice Neil Gorsuch filed a concurring opinion, joined by Justice Clarence Thomas. Justice Elena Kagan filed a dissenting opinion, joined by Justices Stephen Breyer and Sonia Sotomayor.

The court issued 67 opinions this term. Two cases were decided in one consolidated opinion. Ten cases were decided without argument. 

Additional reading:

Americans for Prosperity v. Bonta

Brnovich v. Democratic National Committee



U.S. Supreme Court issues rulings in three cases on June 25

By Mandy Gillip
In Federal
June 28, 2021 at 6:29 PM

The Supreme Court of the United States (SCOTUS) issued rulings in three cases on June 25. One case—Transunion LLC v. Ramirez—was argued during the court’s March sitting, and two cases—Yellen v. Confederated Tribes of the Chehalis Reservation and HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Association—were argued during the court’s April sitting.

Transunion LLC v. Ramirez concerned the standing of plaintiffs in a class-action lawsuit. The court reversed the decision of the United States Court of Appeals for the 9th Circuit and remanded the case for further proceedings in a 5-4 ruling, holding that members of the class-action lawsuit whose credit files were not provided to third-party businesses did not suffer a concrete harm from TransUnion’s actions and therefore lacked standing to sue under Article III. Justice Brett Kavanaugh delivered the opinion of the court. Justice Clarence Thomas wrote a dissenting opinion joined by Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan. Justice Kagan filed a dissenting opinion joined by Justices Breyer and Sotomayor.

With a 6-3 opinion in Yellen v. Confederated Tribes of the Chehalis Reservation, the U.S. Supreme Court reversed the U.S. Court of Appeals for the D.C. Circuit’s ruling and remanded the case for further proceedings. The court held that Alaska Native Corporations (ANCs) are “Indian tribe[s]” under the Indian Self-Determination and Education Assistance Act (ISDA) and, as a result, are eligible for CARES Act funding. Justice Sonia Sotomayor authored the court’s majority opinion. Justice Neil Gorsuch filed a dissenting opinion, joined by Justices Clarence Thomas and Elena Kagan.

In the case of HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Association, the court issued another 6-3 opinion, reversing the United States Court of Appeals for the 10th Circuit’s ruling. The lower court’s ruling held that a small refinery that previously received a hardship exemption may obtain an extension even if it experienced a lapse in exemption coverage during the previous year. Justice Neil Gorsuch delivered the majority opinion. Justice Amy Coney Barrett filed a dissenting opinion, joined by Justices Sonia Sotomayor and Elena Kagan.

Additional reading:



U.S. Supreme Court issues three rulings on June 17

By Mandy Gillip
In Federal
June 21, 2021 at 1:41 PM

The Supreme Court of the United States (SCOTUS) issued rulings in three cases on June 17. Two of the cases, Fulton v. City of Philadelphia, Pennsylvania, and California v. Texas, were argued during the court’s November 2020 sitting. The third case, Nestlé USA v. Doe I, was argued during the court’s December 2020 sitting.

Fulton v. City of Philadelphia concerned the Free Exercise Clause of the First Amendment. In a unanimous ruling, the court reversed the U.S. Court of Appeals for the 3rd Circuit’s decision and remanded the case for further proceedings, holding that the City of Philadelphia violated Catholic Social Service’s (CSS) right to free exercise under the First Amendment by excluding CSS from the foster care program due to CSS’s refusal to certify same-sex couples. Chief Justice John Roberts delivered the court’s majority opinion.

With a 7-2 opinion in the case California v. Texas, the U.S. Supreme Court reversed the U.S. Court of Appeals for the 5th Circuit’s ruling and remanded the case for further proceedings, holding that the plaintiffs did not have standing to challenge the ACA’s minimum essential coverage provision because they had not shown past or future injury fairly traceable to the defendants’ conduct enforcing the provision. Justice Stephen Breyer delivered the majority opinion. Justice Clarence Thomas filed a concurring opinion. Justice Samuel Alito filed a dissenting opinion, joined by Justice Neil Gorsuch.

With an 8-1 opinion in the case Nestlé USA v. Doe I, the U.S. Supreme Court reversed the U.S. Court of Appeals for the 9th Circuit’s ruling and remanded the case for further proceedings, holding that to plead facts sufficient to support a domestic application of the Alien Tort Statute (ATS), plaintiffs must allege more domestic conduct than general corporate activity common to most corporations. Justice Clarence Thomas announced the judgment of the court and delivered the opinion of the court with respect to Parts I and II, joined by Chief Justice John Roberts and Justices Stephen Breyer, Sonia Sotomayor, Elena Kagan, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett, and an opinion with respect to Part III, in which Justices Gorsuch and Kavanaugh joined. Justice Gorsuch filed a concurring opinion, in which Justice Alito joined as to Part I, and in which Justice Kavanaugh joined as to Part II. Justice Sotomayor filed an opinion concurring in part and concurring in the judgment, in which Justices Breyer and Kagan joined. Justice Samuel Alito filed a dissenting opinion.

The court has issued 49 opinions this term. Two cases were decided in one consolidated opinion. Seven cases were decided without argument. Of the cases argued this term, 18 remain to be decided.

Additional reading:



Spring elections held in Wisconsin

By Mandy Gillip
In State
April 9, 2021 at 10:57 AM

The statewide nonpartisan general election for Wisconsin was held on April 6. The primary was held on February 16, and the filing deadline to run passed on January 5. Candidates ran in elections for special elections in the Wisconsin State Legislature, three judgeships on the Wisconsin Court of Appeals, and in municipal and school board elections.

Wisconsin State Legislature

• State Senate District 13: John Jagler (R) defeated four candidates to win the special election, winning 51.2% of the total (37,385) reported votes. The seat became vacant after incumbent officeholder Scott Fitzgerald (R) was elected to the U.S. House to represent Wisconsin’s 5th Congressional District on Nov. 3. Fitzgerald vacated his seat on Jan. 1.

• State Assembly District 89: Elijah Behnke (R) defeated challenger Karl Jaeger (D) to win the special election. Behnke received 60.3% of the total (8,413) votes, while Jaeger received 39.7% of the votes. The seat became vacant on Dec. 2, after John Nygren (R) resigned his seat to work in the private sector.

Wisconsin Court of Appeals

• In District 1, Judge Maxine A. White won re-election unopposed.

• In District 2, Judge Jeffrey Davis was defeated by challenger Shelley Grogan.

• In District 3, newcomer Greg Gill Jr. defeated Rick Cveykus.

Ballotpedia also covered local elections in the following areas:

• Dane County and Milwaukee County

• The cities of Madison and Milwaukee

• DeForest Area School District

• Madison Metropolitan School District

• McFarland School District

• Middleton-Cross Plains School District

• Milwaukee Public Schools

• Sun Prairie Area School District

• Verona Area School District

Additional Reading:



Chief Judge Timothy Stanceu to assume senior status in April 2021

By Mandy Gillip
In Federal
March 11, 2021 at 11:12 AM

Chief Judge Timothy Stanceu of the United States Court of International Trade announced that he will assume senior status on April 5, 2021. Stanceu joined the court in 2003 after being nominated by President George W. Bush (R). He became the chief judge on July 1, 2014. 

Stanceu graduated from Colgate University with his bachelor’s degree in 1973 and received his J.D. from the Georgetown University Law Center in 1979. Prior to joining the court, Stanceu served as a private practice attorney and on multiple government councils.

The United States Court of International Trade is an Article III federal court. The Customs Court Act of 1980 replaced the former United States Customs Court with the United States Court of International Trade. The court sits in New York City, although it is authorized to sit elsewhere, including in foreign nations.

As of March 10, 2021, there were 70 vacancies out of 890 active federal judicial positions. Of those, 67 were for Article III life-term judgeships.

Additional reading:



Filing deadline passed Feb. 11 for special election in California Assembly district

By Mandy Gillip
In State
February 11, 2021 at 7:03 PM

Candidates interested in running in the special election for California State Assembly District 79 had until February 11, 2021, to file. The primary election is scheduled for April 6, and the general election is scheduled for June 8.

The special election was called after Shirley Weber (D) left office due to her appointment as California Secretary of State by Gov. Gavin Newson (D). The previous secretary of state—Alex Padilla (D)—resigned following his appointment to the United States Senate. Newsom formally appointed Weber to the office on January 18, and the California legislature unanimously confirmed Weber as the first Black person to hold this position on January 28. Weber served in the state assembly from 2012 until she was sworn in as secretary of state on January 29.

As of February 2021, 26 state legislative special elections have been scheduled for 2021 in 16 states. Between 2011 and 2019, an average of 77 special elections took place each year.

Additional Reading:



Oklahoma school districts to hold primary elections on Feb. 9

By Mandy Gillip
In Local
February 5, 2021 at 12:09 PM

The nonpartisan primary election for school board seats in Oklahoma is on February 9, 2021. Candidates are competing to advance to the general election scheduled for April 6, 2021. The filing deadline passed on December 9, 2020.

Five school districts within Ballotpedia’s coverage scope are holding primary elections for five seats. In Oklahoma, school districts cancel primary elections if fewer than three candidates file to run for each seat up for election, and the candidates automatically advance to the general election. Both the primary and general elections are canceled if only one candidate files for a seat up for election, and the unopposed candidate is automatically elected. The following school districts are holding primary elections:

• Edmond Public Schools

• Owasso Public Schools

• Putnam City Schools

• Tulsa Public schools

• Oklahoma City Public Schools

In all, a total of 33 school board seats across 26 Oklahoma school districts covered by Ballotpedia are up for election in 2021.

The largest school district covered by Ballotpedia and holding elections in Oklahoma in 2021 is Oklahoma City Public Schools. The district served 39,806 students during the 2016-2017 school year.

Additional Reading:



Oklahoma school board candidates vie for 33 seats in 2021

By Mandy Gillip
In Local
January 19, 2021 at 10:01 AM

On December 9, 2020, the filing deadline passed to run for 33 school board seats across 26 school districts covered by Ballotpedia in Oklahoma. Of the 58 candidates who filed in these school board races, 24 are incumbents seeking re-election to their seats. 

The primary is scheduled for February 9, 2021, and the general election is scheduled for April 6, 2021. In Oklahoma, school districts cancel primary elections if fewer than three candidates file to run for each seat up for election, and the candidates automatically advance to the general election. Both the primary and general elections are canceled if only one candidate files for a seat up for election, and the unopposed candidate is automatically elected. 

The largest school district covered by Ballotpedia and holding elections in Oklahoma in 2021 is Oklahoma City Public Schools. The district served 39,806 students during the 2016-2017 school year.

Additional reading:



Thomas Kirsch confirmed to U.S. Court of Appeals for the 7th Circuit

By Mandy Gillip
In Federal
December 21, 2020 at 9:28 AM

The U.S. Senate confirmed nominee Thomas Kirsch to the U.S. Court of Appeals for the 7th Circuit. He was nominated to the court by President Donald Trump (R) on November 16, 2020, and confirmed by a 51-44 vote of the U.S. Senate on December 15, 2020. He will join the court upon receiving his judicial commission and taking his judicial oath. He replaces judge Amy Coney Barrett. 

Kirsch previously served as the United States attorney for the Northern District of Indiana from 2017 to 2020.

The U.S. Senate has confirmed 232 of President Trump’s Article III judicial nominees—three Supreme Court justices, 54 appellate court judges, 172 district court judges, and three U.S. Court of International Trade judges—since January 2017.

Additional reading:



Alaska Supreme Court Chief Justice to retire in June 2021

By Mandy Gillip
In State
December 14, 2020 at 9:42 AM

Alaska Supreme Court Chief Justice Joel Bolger is retiring on June 30, 2021. Bolger’s replacement will be Gov. Mike Dunleavy’s (R) second nominee to the five-member supreme court.

Bolger joined the Alaska Supreme Court in 2013. He was appointed by Gov. Sean Parnell (R) to succeed Justice Walter Carpeneti. He became chief justice of the court in July 2018. Bolger is the only justice to have served on every level in the Alaska state court system. Before joining the Alaska Supreme Court, Bolger was a judge on the Alaska Court of Appeals from 2008 to 2013, the Kodiak Superior Court from 2003 to 2008, and the Valdez District Court from 1997 to 2003. Bolger received his bachelor’s degree in economics from the University of Iowa in 1976 and his J.D. from the University of Iowa College of Law in 1978.

Under Alaska law, state supreme court justices are selected by the governor with help from a seven-member nominating commission. The commission provides a list of two or more candidates to the governor, who must choose from that list. New justices serve an initial term of at least three years, after which the justice must stand for retention in a yes-no election to remain on the bench. Subsequent terms last 10 years. The chief justice of the supreme court is selected by peer vote and serves a three-year term.

In addition to Chief Justice Bolger, the Alaska Supreme Court currently includes the following justices:

  • Daniel Winfree – Appointed by Gov. Sarah Palin (R) in 2008
  • Peter Maassen – Appointed by Gov. Sean Parnell (R) in 2012
  • Susan Carney – Appointed by Gov. Sean Parnell (R) in 2012
  • Dario Borghesan – Appointed by Gov. Mike Dunleavy (R) in 2020

In 2021, there will be three supreme court vacancies in two of the 29 states where replacement justices are appointed instead of elected. The vacancies are due to retirements. One vacancy—South Dakota—is in a state where a Republican governor appoints the replacement. The second vacancy—Colorado—is in a state where a Democratic governor appoints the replacement, and the vacancy in Alaska is in a state where a Republican governor appoints the replacement.

In 2020, there have been 23 supreme court vacancies in 16 of the 29 states where replacement justices are appointed instead of elected. One vacancy occurred when a chief justice died, one vacancy occurred when a justice was not retained, and 21 vacancies were caused by retirements.

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