The state of Ohio still has not announced whether it will appeal further in the other Ohio voting case, involving wrong precinct ballots. This is by far a more important case in terms of the consequences for the election.
I had expected the state would appeal here (even though Husted himself did not join in the appeal of the wrong precinct portion of the case in the lower court). But after today’s unanimous ejection of Ohio’s early voting position by the Supreme Court, I’m not sure what they will do. Ohio had a stronger argument in the early voting case on equal protection grounds than they’d have in the wrong precinct case. But because this is more consequential, potentially outcome determinative in Ohio, there will be partisan pressures to appeal.