Justice Ginsburg’s Parting Gift

JOSEPH MARGULIES

Cornell law professor Joseph Margulies explains why the passing of Supreme Court Justice Ruth Bader Ginsburg last week should invigorate the left into seeking lasting change through the legislative and executive branches of government. Margulies points out that the myth of the Court as the ultimate defender of underrepresented minorities and the poor is, for much of the Court’s history, just a myth. He calls upon people everywhere to vote and make their will known, and he predicts that the Court will not stray far from the popular will.

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In re Green Party of Texas

Docket: 20-0708

Opinion Date: September 18, 2020

Judge: Per Curiam

Areas of Law: Election Law

The Supreme Court held that three candidates for the Green Party of Texas were improperly denied access to the ballot for failure to pay a filing fee and that the court of appeals erred in declaring the candidates ineligible. Democratic candidates for office sought mandamus relief to remove three Green Party candidates from the November general election ballot, asserting that the candidates were ineligible because they failed to pay the filing fee required by Tex. Elec. Code 141.041. The court of appeals agreed and granted mandamus relief. The Supreme Court directed the court of appeals to vacate its conditional grant of mandamus relief, holding that because the deadline to remove a candidate from the ballot due to ineligibility has passed, removal from the ballot was no longer an available remedy.