July 21, 2006

Stewart v. Blackwell En Banc

[UPDATE: AP confirms that the Sixth Circuit has agreed to rehear Stewart v. Blackwell en banc.] This is the case where a Sixth Circuit panel held that the selective use of punch card voting in Ohio counties violates the equal protection clause under Bush v. Gore. The earlier panel opinion is here. My earlier coverage of the case is here. The majority and dissent spent a great deal of time arguing over one of my law review articles (here) on the precedential value of Bush v. Gore.

This is a case that could eventually prove to be very important for determining how much precedential value Bush v. Gore will have in challenging various election law processes that could violate equal protection guarantees.

UPDATE 2: "The effect of the granting of a rehearing en banc shall be to vacate the previous opinion and judgment of this Court, to stay the mandate and to restore the case on the docket as a pending appeal." Sixth Circuit Rule 35(a).

Posted by Rick Hasen at July 21, 2006 02:25 PM