The Other Other Supreme Court Case: Arizona Voter Registration

Beyond Affordable Care, beyond Stolen Valor, the Supreme Court took a third very important action today.  The Ninth Circuit — first as a panel, then en banc — decided that Arizona’s refusal to accept federal voter registration forms without proof of citizenship was preempted by the NVRA.  Two weeks ago, the state asked Justice Kennedy to stay the mandate of that decision, which he did temporarily, long enough for briefing.

Today, the full Court vacated that temporary order and denied a more durable (or permanent) stay, with Justice Alito dissenting.  This means that citizens will be able to register in Arizona for this cycle’s elections without first having to produce specific documentary proof of their citizenship.

UPDATE: Reaction from the Lawyers’ Committee.

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