TBA Law Blog


Posted by: Azya Thornton on Mar 17, 2026

Tennessee has joined 20 other states in filing an amicus brief urging the U.S. Supreme Court to review and overturn a federal appellate decision that struck down a Pennsylvania law requiring voters to handwrite the date on mail-in ballots. According to a press release, the brief supports a petition filed by the Republican National Committee and argues that the U.S. Court of Appeals for the Third Circuit wrongly invalidated the rule in Eakin v. Adams County Board of Elections. The states contend the decision interferes with the authority of state legislatures to regulate elections and oversteps constitutional limits on the judicial role. In the filing, the states argue the ruling undermines federalism and the separation of powers by giving federal courts undue authority over election administration. The coalition also noted that the Supreme Court has never held that a neutral ballot-casting regulation imposes a severe burden on the right to vote when it applies equally to all voters and asked the court to grant review and ultimately reverse the Third Circuit’s decision.