Read Wisconsin’s #SCOTUS Argument to Use Its New Voter ID Law This Election

Here (via Josh Gerstein). The brief is pretty much in line with what Wisconsin filed in the 7th Circuit (although of course now it has the benefit of the Easterbrook opinion on the merits). It continues to lead with its chutzpah-filled argument that it would cause voter confusion to undo the confusion caused by the 7th Circuit’s surprise order.

It is funny watching Wisconsin try to argue there’s no conflict over the meaning of section 2 of the Voting Rights Act given the 4th Circuit North Carolina case also pending this very moment before the Court reaching a totally different view of the meaning of section 2.

The one new point which I think does point in Wisconsin’s favor is the timing of the objections to the order. Opponents of WI voter id law waited days before going to the 7th Circuit en banc (when they could have gone straight to SCOTUS) and days more before bringing the case to SCOTUS.

I still think given the Purcell issue the challengers are fairly likely to get a stay in this case, but I’m not at all certain of that.

Stay tuned.

[This post has been updated.]

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