October 15, 2008

NY Times Reports that Ohio SOS Brunner Has Sought Stay of Sixth Circuit En Banc Decision From Justice Stevens

See here. I have not yet seen the application to Justice Stevens.

My earlier coverage of the Sixth Circuit en banc decision is here, here, here, and here.

UPDATE: You can now find the stay application here. I think this is a pretty strong application, though there are two issues working against the Secretary's position: (1) the abuse of discretion standard for TROs and (2) the possibility that the stay will be moot by the time that Justice Stevens (or the Court) can decide it.

Posted by Rick Hasen at October 15, 2008 07:56 PM