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Gaëtan Gerville-Réache, Warner Norcross + Judd. Gaëtan Gerville-Réache, Warner Norcross + Judd.

COVID-19 has tested the bounds of political power and constitutional law like nothing else, and that trial is on full display in the U.S. Court of Appeals for the Sixth Circuit. The court recently entered two contrasting state-election-law decisions in Esshaki v. Whitmer and Thompson v. DeWine, each addressing both the state’s power to burden access to the ballots in the name of public health and safety and the federal judiciary’s power to intervene.

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