Gorsuch rejects appeal by Minnesota Republican to delay congressional election

Tyler Kistner was asking the court to intervene in a case concerning whether his election in Minnesota’s 2nd Congressional District takes place on November 3 or on February 9, 2021, after the recent death of Legal Marijuana Now Party candidate Adam Weeks caused the contest to be moved to next year as required by state law. Kistner is challenging Democratic Rep. Angie Craig in the race.

The decision by Gorsuch, who rejected Kistner’s appeal without comment and without sending it to the full court for consideration, means the election will take place next week as scheduled.

In a filing submitted on Monday, lawyers for Kistner had argued the court should issue a stay for a preliminary injunction issued by a lower court that reinstated the November election for his race, saying if the election takes place next week, both voters and Kistner will suffer “enormous and irreparable injury.”

“By changing the rules in the middle of the election, and thereby subjecting voters to different rules on the basis of when they cast their ballots, the injunction violates basic equal-protection principles and severely injures the affected voters and public interest,” the lawyers wrote.

This story is breaking and will be updated.

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