Kang: “Ned Foley’s post yesterday about Obama for America v. Husted discusses an important point about the sequence of legislative enactments as central to the district court’s ruling but, I think, ultimately gets the reason wrong about why the sequence of enactments matters. Admittedly, the district court opinion can be read in more than one way, but I’d like to offer what I think is a stronger interpretation of the district court’s position. In the interest of full disclosure, I should say up front that I consult with the Obama campaign on election law matters, but I was not involved at all with the litigation and briefing for the case.”