October 14, 2008
Breaking News: En Banc Sixth Circuit, By Divided Vote, Reverses 3 Judge Panel and Reinstates Trial Court TRO, in Ohio Matching Case
The 50-page document in Ohio Republican Party v. Brunner, No. 08-4322, is available on PACER but too large for me to post on the blog. I expect it will be up at Moritz shortly. From my initial look, it looks like the vote was 9-5, with one judge (Rogers) not recorded as signing either the majority opinion, or the concurring opinion, or the three dissenting opinions.
Because the issue presented here in part turns on whether this TRO comes too close to the election, in violation of the Supreme Court's admonition in Purcell v. Gonzalez, I would expect a quick application for a stay of the en banc order directed to Justice Stevens, as Circuit Justice for the Sixth Circuit.