Supreme Court Wrongly Predicted Leaked Vote Totals in Wisconsin Voting Case

A sharp reader emails:

Note the following passage from the Supreme Court’s per curiam opinion in RNC v. DNC:

The unusual nature of the District Court’s order allowing ballots to be mailed and postmarked after election day is perhaps best demonstrated by the fact that the District Court had to issue a subsequent order enjoining the public release of any election results for six days after election day. In doing so, the District Court in essence enjoined nonparties to this lawsuit. It is highly questionable, moreover, that this attempt to suppress disclosure of the election results for six days after election day would work. (emphasis added)

In point of fact, it has worked just fine as we don’t know the results because the district court’s order enjoining public release was not vacated and has been fully complied with (and it seems like the author’s musings that this would “in essence enjoin[ ] nonparties to this lawsuit” was just wrong as the State parties were enjoined from releasing results, not newspapers, etc.). Just another datapoint to show how erroneous the Supreme Court was here. The one prediction it made turned out to be just plain wrong. 

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