Case Against Kobach’s “Crosscheck” Survives Motion to Dismiss, Raises Novel Constitutional Questions

From the court order (via Sam Levine):

Before the court is defendants Kris Kobach and Scott Schwab’s Motion to Dismiss (Doc. 11). It presents two vexing questions of constitutional law: Does the Constitution recognize a right to informational privacy? And, if so, does that right prohibit public disclosure of purportedly private voter information? Regrettably, the Supreme Court has not decided either one of these questions. And though our Circuit has decided the first question, it has not addressed the second one. Consistent with Circuit precedent, the court concludes that such a right exists and, though it is a close question, the court holds that the Complaint’s allegations plead a plausible claim for relief. The pages that follow explain why.

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