This week we highlight petitions pending before the Supreme Court that address the timeframe for a candidate to challenge a ballot-access rule after the election at issue has passed, and whether the Federal Employers Liability Act permits liability if a plaintiff cannot establish common-law but-for causation.
The petitions of the week are:
18-1362
Issue: Whether, and under what circumstances, a candidate can continue to challenge a ballot-access rule after the election over which he originally sued has passed.
18-1367
Issue: Whether the Federal Employers Liability Act permits liability when a plaintiff cannot meet the common-law standard of proof for but-for causation.
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