Breaking: 7th Circuit Refuses En Banc in Both WI Voter ID Cases; No More Changes Unless #SCOTUS Intervenes

A unanimous 7th Circuit issued this order en banc refusing to place the affidavit requirement to soften voter id back into effect at this point, and rejecting the other cross appeals. This would leave only the Supreme Court as a place … Continue reading

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“Sixth Circuit Upholds Kentucky’s Failure to Have a Procedure for an Unqualified Party to Become a Qualified Party in Advance of Any Particular Election”

BAN: On August 26, the Sixth Circuit issued an opinion in Libertarian Party of Kentucky v Grimes, 16-6107. The opinion upholds Kentucky’s failure to have any procedure for a group to transform itself into a qualified party, in advance of … Continue reading

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DOJ and Private Plaintiffs File #SCOTUS Responses in NC Emergency Voting Case

Private Plaintiffs’ response. DOJ’s response. Chief Justice Roberts can now decide this motion himself or refer to the Court. (NC might try to draft a reply by tomorrow).  I’d expect a decision early next week. Here’s what I said about … Continue reading

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“Judge sets oral arguments to determine if Texas intended to discrminate with voter ID law”

David Saleh Rauf reports in the San Antonio Express-News on this Order setting a January argument date on the question whether Texas passed its voter identification law with a racially discriminatory purpose. A finding of racially discriminatory purpose could allow the … Continue reading

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6th Cir., in Thoughtful J. Sutton Opinion, Upholds Ban on Endorsements by Judicial Candidates

This strikes me as an exceptionally thoughtful opinion, upholding some judicial campaign regulations and striking down others. It also shows how the Supreme Court’s Williams-Yulee decision has changed the calculus on which judicial campaign regulations can survive First Amendment attack. Here’s … Continue reading

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