Moritz has now posted the opinion here.
Ned Foley notes that the en banc vote appears to be 9-6, with Judge Rogers not yet having voted. (The clerk’s cover letter says more opinions or votes may be coming, but of course with one vote outstanding they can’t change the outcome.) [UPDATE: The Sixth Circuit has now posted a revised version of the opinion, which now shows how Judge Rogers voted, making the vote 10-6.]
Still no word on whether Secretary Brunner will seek an emergency stay from Justice Stevens as Circuit Justice.
One question that remains unclear is whether these new lists, if they are adopted, could be used to purge voters at this late date. A provision of the NVRA (42 USC s 1973gg-6) provides:
- (2)(A) A State shall complete, not later than 90 days prior to the date of a primary or general election for Federal office, any program the purpose of which is to systematically remove the names of ineligible voters from the official lists of eligible voters.
But a no match list could provide a basis potentially for requiring such voters to cast provisional ballots or setting aside absentee ballots pending further investigation (see page 9 of the pdf of the opinion by Judge Sutton).
A Columbus Dispatch article is here.
And Ned Foley calls for a nonpartisan tribunal to decide such cases. Can we create one with Ned and Doug Chapin, and be done with this nonsense?