Document Type

Brief

Case Name

Joan Growe v. Steve Simon

Publication Date

10-6-2023

Abstract

No. A23-1354
Joan Growe v. Steve Simon

From the Summary of Argument

States hold the power to adjudicate the qualifications of presidential candidates. That power extends to the general election, even though the election is formally a process to appoint presidential electors. And that power extends to the primary election, even though state voters are formally selecting delegates to a party’s nominating convention. But states have no obligation to evaluate the qualifications of presidential candidates, and states may choose to permit openly unqualified candidates to appear on the ballot.

Comments

Derek T. Muller is a Professor of Law at Notre Dame Law School. His research focuses on election law, particularly the role of states in the administration of federal elections. He has written extensively about topics that touch upon issues identified in this Court’s September 20, 2023 order, and this scholarship long predates this controversy.

Professor Muller’s interest in the case is public in nature. As a scholar of election law, he desires to see the case decided in a way that comports with the best reading of the United States Constitution and existing precedent.

Table of Authorities includes:

Derek T. Muller, ‘Natural Born’ Disputes in the 2016 Presidential Election, 85 FORDHAM L. REV. 1097 (2016).

Derek T. Muller, Ballot Speech, 58 ARIZ. L. REV. 693 (2016).

Derek T. Muller, Electoral Votes Regularly Given, 55 GA. L. REV. 1529 (2021).

Derek T. Muller, Scrutinizing Federal Electoral Qualifications, 90 IND. L.J. 559 (2015).

Derek T. Muller, Weaponizing the Ballot, 48 FLA. ST. U. L. REV. 61 (2021).

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