Retired U.S. Court of Appeals Judge Richard Posner died on November 10. He was more renowned that most Appellate Judges, and there are many obituaries for him. Unfortunately, he was a leading opponent of tolerant ballot access. He wrote four opinions, each one worse than the last. Three of them upheld severe Illinois restrictions, and one upheld a severe Indiana restriction.
In 1985 he wrote Hall v Simcox, an Indiana case filed by the Communist Party’s 1984 presidential nominee. Indiana had recently quadrupled its petition requirement. The Communist Party had been able to qualify under the old one-half of 1% standard, most recently in 1980. But the new requirement kept him off the ballot in 1984, when…
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