Weaponization of Laches Doctrine to Avoid Merits in Trump v. Biden (WI)

The Wisconsin Supreme Court, in a 4-3 decision, declined to rule on the substantive merits of three of four claims regarding absentee ballot administration, applying the procedural doctrine of laches on the basis that the delay in bringing suit was “unreasonable in the extreme.” This application permanently insulated serious allegations regarding unpromulgated election rules-including practices related to indefinitely confined voters and drop boxes-from any evidentiary hearing. The dissent argued the majority’s use of laches was unprecedented and constitutionally infirm for claims of this public magnitude.