BOST v. ILLINOIS STATE BOARD OF ELECTIONS - OPPOSING THE SHUTTING OF COURTHOUSE DOORS TO ELECTION-LAW CHALLENGES
In this case, a Republican congressman from Illinois sued to challenge a state ballot counting deadline. His case was dismissed for lack of "standing" — meaning a personal stake in the outcome that is a prerequisite to filing a case in federal court. The lower courts ruled that it wasn't enough that the plaintiff's campaign had to spend money to cope with the election rule that he was challenging.
When the Supreme Court agreed to review the case, we saw an important opportunity. Although we vigorously disagree with the congressman's position on the merits, it's vitally important that courts remain open to plaintiffs challenging voting rules that may disadvantage them. We have represented the League of Women Voters in such cases, and the government always seeks to challenge their standing, making the same types of arguments that kicked the plaintiff out of court here.
Together with the League of Women Voters, the National ACLU, the ACLU of Illinois, and the Rutherford Institute, we filed an amicus brief in July 2025 to urge the Supreme Court to hold to its previous rulings permitting plaintiffs to sue based on economic harms to their organization. As we summarize our point in the brief: "political actors, candidates, and civic organizations may have standing to challenge electoral laws and regulations that affect their activities, force them to divert resources, and thus cause them concrete and tangible harms."
Preserving access to the federal courts is fundamental to the defense of civil liberties and civil rights, because courts cannot vindicate these rights if they lack the power to hear the case in the first place.