In Strange, Unanimous Unpublished Opinion, 11th Circuit Revives Common Cause’s Voter Purge Case Against Georgia

The district court had dismissed Common Cause’s claim that Georgia’s voter purge law violated the NVRA and the First Amendment.

Today, the Eleventh Circuit, in a brief, unpublished opinion, sent the case back and told the trial court to reconsider the NVRA issue in light of what the Supreme Court will do (presumably by June) in the Ohio voter purge case.

And then, without providing any guidance, it wrote that the trial court “should also conduct a more detailed analysis of the First Amendment question.” It provided no guidance as to how to think about this question.

And it added in a footnote: “On remand, nothing precludes the Plaintiffs from moving the district court for a preliminary injunction to restore those removed voters from the voter registration rolls pending a ruling from the Supreme Court.”

Common Cause rightly treats this as good news, but the brevity and lack of direction here is downright strange.

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