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Lyle Denniston

@lylden.bsky.social
364 followers 198 following 349 posts
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Lyle Denniston @lylden.bsky.social · 04/10/2026
Rick: In view of your prior writing, you might want to share with readers the ct-apptd amici brief in J Leibowitz case. That brief (by the incomparable Paul Clement) analyzes both ways to narrow and to save section 611. Most interesting. Keep up the good work. Lyle D.
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Lyle Denniston @lylden.bsky.social · 03/10/2026
In the first ruling of its kind, a fed judge in Miami decides Congress has no power to set qualifications for voters in fed elections, including no power to criminally prosecute non-citizens who do vote. Major setback for Trump election maneuvering. Details at: lyldenlawnews.com/2026/10/03/n...
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Lyle Denniston @lylden.bsky.social · 30/09/2026
Be sure to enlighten us on what that 4th question means; I have never seen anything like it. When does the government get to shape any question when the Court is specifying what it believes are the issues?
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Lyle Denniston @lylden.bsky.social · 26/09/2026
Mr. Kane: I am not good at guessing judges' motives. Most I can offer is that the 3 on the CA panel had in fact recognized that SCt 9-10 order had left them with nothing to decide, yet wanted -- maybe in frustration -- to exploit the SCt failure to offer any explanation. SCt does share some blame.
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Lyle Denniston @lylden.bsky.social · 26/09/2026
In a blunt command to two lower courts, SCt today issued a binding order that Missouri officials are not to use a GOP-favored, gerrymandered district map for this year's congressional election. Full explanation at: lyldenlawnews.com/2026/09/25/c...
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Lyle Denniston @lylden.bsky.social · 24/09/2026
Hours keep going by with no action by SCt on latest flap over Missouri congressional election. All briefs were in by 10 p.m. last night. What's going on? Maybe, this time, it will explain what it does and maybe, this time, it won't be 9-0. Either or both of those would mean writings that take time
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Lyle Denniston @lylden.bsky.social · 23/09/2026
It is now very clear that the total disarray surrounding the Missouri race could have been avoided entirely if SCt had spent a little bit of effort to explain why it issued its key Sept. 10 order buttressing the state SCt's resolution of the crisis. No excuse that SCt is in recess.
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Lyle Denniston @lylden.bsky.social · 23/09/2026
It is possible that, by the end of the day today, the SCt will react to the latest crisis in the Missouri congressional race this year. State must reply by 2 pm today to voting rights group plea for SCt reinforcing its Sept. 10 order that supposedly had settled this dispute.
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Lyle Denniston @lylden.bsky.social · 22/09/2026
The voting rights group seeking to block GOP-gerrymandered congressional districts in Missouri has now asked 8th CA to put all of its Monday ruling on hold, says CA has contradicted SCt order Sept. 10. Update of earlier post, see here: lyldenlawnews.com/2026/09/22/p...
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Lyle Denniston @lylden.bsky.social · 22/09/2026
The situation I confronted with the 8th CA decision was that it relied on the Supremacy Clause and directly told the state SCt to yield on the required use of the 2025 maps. How would you characterize that? Was it entirely lawless?
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Lyle Denniston @lylden.bsky.social · 22/09/2026
I see your point, if you mean no greater prestige, pdgpa Wd it be accurate to say fed CA has superior power b/c of Art. VI? Looking for the proper comparitor.
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Lyle Denniston @lylden.bsky.social · 22/09/2026
The deep uncertainty over this year's congressional election in Missouri -- important to election law generally -- grows deeper as the 8th CA mandates use in November of a GOP-favored map for the House of Reps. seats. Want it sorted out? Check this: lyldenlawnews.com/2026/09/22/p...
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Lyle Denniston @lylden.bsky.social · 15/09/2026
Also curious: SCt majority order on mail-in voting refers to President and Post Office as "the Government." It also did that on earlier order letting PO issue rule in final form. Is CJ Roberts doing that, to avoid orders against President?
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Lyle Denniston @lylden.bsky.social · 15/09/2026
Really curious: Justice Kavanaugh did not rely on Purcell principle in finding Post Office rules were coming out too close to election. Instead, he relied on Admin Procedure Act -- from which the Post Office is specifically exempted. Is he walking away from Purcell b/c it inhibits the President?
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Lyle Denniston @lylden.bsky.social · 15/09/2026
By 7-2 vote, SCt refuses to allow postal officials to impose strict new limits on mail-in balloting at this year's elections. This follows SCt action last week against Trump attempt to give GOP another seat in House of Reps. Full explanation at this link: lyldenlawnews.com/2026/09/14/v...
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Lyle Denniston @lylden.bsky.social · 14/09/2026
DOJ has now notified SCt of Judge Nichols' order, using it to urge SCt to move on DOJ stay applic. re Massachusetts judge's order. If that is stayed, DOJ says J Nichols will have to stay his separate order.
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Lyle Denniston @lylden.bsky.social · 14/09/2026
The red states' Original case is No. 164 Original, reached on the SCt docket by this link: 22O164 That's O not zero.
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Lyle Denniston @lylden.bsky.social · 14/09/2026
A legal flap between red states and blue states over the proposed merger of Paramount and Warner Bros. has reached SCt as red states ask the SCt to change how it handles cases on its Original docket. What's this about? See: lyldenlawnews.com/2026/09/14/t...
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Lyle Denniston @lylden.bsky.social · 14/09/2026
DC fed judge Carl Nichols in Sunday opinion blocked all key parts of new Postal Service rule to restrict mail-in voting. Goes beyond what Massachusetts judge did (which awaits SCt reaction, which is probably coming soon).
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Lyle Denniston @lylden.bsky.social · 09/09/2026
The Missouri congressional election this year has become a tangled web of conflicting court rulings, state and federal, as the days roll by before voters go to the polls. The situation has national implications. It is sorted out here: lyldenlawnews.com/2026/09/09/b...
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Lyle Denniston @lylden.bsky.social · 07/09/2026
The case from Missouri is Hoskins v. von Glahn, docketed at 26A304.
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Lyle Denniston @lylden.bsky.social · 07/09/2026
Thanks very much, pdgpa. Happy Labor Day! Lyle
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Lyle Denniston @lylden.bsky.social · 07/09/2026
Difficult election law disputes continue to test the SCt over this year's voting. Historic new case from Missouri on partisan gerrymandering is the next up. For details and analysis, see: lyldenlawnews.com/2026/09/07/b...
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Lyle Denniston @lylden.bsky.social · 06/09/2026
Trump Admin and Post Office file Sunday plea to SCt for stay of injunction issued by Boston fed judge stopping efforts to curb mail-in voting this year. Docketed as 26A305.. Response due Sept. 9. Prior stay applic (26A297) on earlier TRO now withdrawn.
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Lyle Denniston @lylden.bsky.social · 05/09/2026
This is about controls on mail-in voting. Sorry.
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Lyle Denniston @lylden.bsky.social · 05/09/2026
Boston fed judge Talwani blocked today key parts of Postal Service new controls; comprehensive 49-page opinion. Makes moot current DOJ plea for stay of the judge's earlier and now dissolved TRO (SCt docket 26A297). DOJ will have to start a new stay plea.
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Lyle Denniston @lylden.bsky.social · 01/09/2026
Fascinating idea. How would it work? A national referendum? Who would run it? What would a decisive majority have to be -- 50+1? Would there need to be majorities in regions or nationwide? What, if any, role would states have? Need to be clear and, hopefully, simple.
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Lyle Denniston @lylden.bsky.social · 01/09/2026
Want to understand, in lay terms, both the practical and legal meanings of today's SCt ruling allowing White House ballroom project to continue? Check this out: lyldenlawnews.com/2026/08/31/c...
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Lyle Denniston @lylden.bsky.social · 31/08/2026
In these sad and weary days of political buffoons, so thoroughly refreshing to watch the poised and supremely talented Scottie Scheffler quietly win another golf tournament.
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Lyle Denniston @lylden.bsky.social · 31/08/2026
For those trying to catch up with the 11th CA's query to counsel about whether it has juris. over Trump appeal re the "settlement" of Trump v IRS, the case at 11th CA is 26-12692, and the query documents are at ECF # 42. Hat tip to Harry Litman for the original alert about this.
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Lyle Denniston @lylden.bsky.social · 31/08/2026
Harry: Can you supply a docket no. to proceedings in 11th CA or a link to the orders you mention here? Thanks, Lyle.
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Lyle Denniston @lylden.bsky.social · 30/08/2026
Lawyers for E. Jean Carroll were due to file by this Monday their responses to the Trump and DOJ appeals challenging the $83 million damages verdict. That has now been extended, until Oct. 30.
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Lyle Denniston @lylden.bsky.social · 28/08/2026
If there was a problem getting docketed the new petition challenging Texas mandate of Ten Commandments on school classroom walls, it seems to have been solved. Now on docket as 26-257. It says was filed Aug. 17 but it only showed up on docket today, 11 days later. Go figure. Response due 9-18.
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Lyle Denniston @lylden.bsky.social · 28/08/2026
Quite a few ideas now circulating on how to change the SCt. What are the chances that any will succeed? A deep dive into that, here: lyldenlawnews.com/2026/08/28/c...
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Lyle Denniston @lylden.bsky.social · 28/08/2026
With 68 days left before the midterm elections, a Boston judge Thursday night blocked the Postal Service's complex new rules that seek to carry out President Trump's opposition to mail-in voting. The order will keep the plans on hold for 14 days. See this report: lyldenlawnews.com/2026/08/28/t...
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Lyle Denniston @lylden.bsky.social · 27/08/2026
Josh Gerstein, Politico's legal guru, sees a TRO by tomorrow, after the Boston judge gets govt. response at noon. TRO asked by League of Women Voters and by 23 states; being handled jointly. Watch this space tomorrow.
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Lyle Denniston @lylden.bsky.social · 26/08/2026
Flurry of activity today in multiple fed courts -- especially in Boston -- with new attempts to stop Postal Service from enforcing its new restrictions on mail-in voting in this year's elections. SCt on Monday allowed it to take steps but left open whether legal or not. That's now key issue.
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Lyle Denniston @lylden.bsky.social · 26/08/2026
Democratic leaders file a new lawsuit in fed court in WashDC to challenge Trump and Post Office attempts to curtail mail-in voting in this year's elections. A prior lawsuit failed on lack of ripeness. Tomorrow, League of Women Voters et al. will begin a new challenge in fed ct in Boston.
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Lyle Denniston @lylden.bsky.social · 26/08/2026
ECF # 201. Omitted the number.
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Lyle Denniston @lylden.bsky.social · 26/08/2026
Footnote 1 of the order (ECF) refers to a separate order on the govt. motion to reconsider the PI. Has that separate order been issued yet?
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Lyle Denniston @lylden.bsky.social · 25/08/2026
Challengers to Trump order to limit mail-in voting plan to file tomorrow an amendment to their lawsuit in Boston, this time aiming at final ruling by Postal Service on 8/21. They argue SCt ruling yesterday leaves open their new challenge, which Post Office and DOJ consent to filing.
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Lyle Denniston @lylden.bsky.social · 25/08/2026
Correction: the updated version is below.
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Lyle Denniston @lylden.bsky.social · 25/08/2026
See the UPDATED version, above.
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Lyle Denniston @lylden.bsky.social · 25/08/2026
Quickly following up on SCt ruling Monday on Trump challenge to mail-in voting, Justice Departments seeks to apply that decision to overturn another order against Postal Service on the issue. See UPDATED version of earlier post on this venue: lyldenlawnews.com/2026/08/24/t...
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Lyle Denniston @lylden.bsky.social · 25/08/2026
In a preliminary ruling on President's attempt to curb mail-in voting, SCt allows only the first steps, leaving legality of the effort to a future case. Want this sorted out? Check this: lyldenlawnews.com/2026/08/24/t...
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Lyle Denniston @lylden.bsky.social · 24/08/2026
A week now gone by and SCt has not clarified why ACLU petition re Ten Commandments public school display was once docketed but not now. Any idea what's going on? Only clue is there might hv been something wrong with filing of this "joint" petition on 2 separate 5th CA orders. Are lawyers redoing?
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Lyle Denniston @lylden.bsky.social · 21/08/2026
I've asked ACLU if it knows what's going on; no response yet.
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Lyle Denniston @lylden.bsky.social · 21/08/2026
Something strange happening at SCt re ACLU's petition on Ten Commandments in public school classrooms. It was supposedly docketed as 26-221 bur has now disappeared from docket and that number assigned to another case. Something wrong with the ACLU petition in form supposedly filed 8-17?
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Lyle Denniston @lylden.bsky.social · 20/08/2026
For those interested in ACLU's SCt petition challenging Texas law requiring 10 Commandments on classroom walls, it was finally docketed today. It is 26-221, Rabbi Mara Nathan v. Alamo Heights School District et al. Response now due on Sept. 21. No explanation why it took 4 days to docket..
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Lyle Denniston @lylden.bsky.social · 19/08/2026
Puzzled that, 2 days after ACLU said it had filed cert petition on the issue of Ten Commandments in public school classrooms, SCt docket still does not show it as filed. It is a joint petition re two separate rulings by 5th CA; is that the problem? Or it is just summer doldrums?
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