11th Circuit, Over Strong Dissent by Judge Rosenbaum over Application of the Purcell Principle, Stays Order Delaying Georgia Public Utility Commission Elections with At-Large Plan Likely to Violate Voting Rights Act [corrected title]

You can find the opinion and dissent here.

In my view (consistent with the views in my article identifying the “Purcell principle”), Judge Rosenbaum’s integration of Purcell into the broader Nken standard for considering emergency relief is the right way to analyze these cases. Judge Rosenbaum’s also got a very strong argument that Sec. Raffensperger waived the Purcell argument.

Might we worth taking this to SCOTUS to see if Justice Kavanaugh was serious in his recent attempt to bring Purcell into the larger framework of considering emergency relief.

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