See the order here. The concurring opinion of Judge Oldham leans heavily on Purcell and delay; and yet the majority over the votes of a number of 5th Circuit judges (including Judge Ho) refused to set this case for January and pushed it to May.

There’s an important discussion in here on how to weigh the “likelihood of success on the merits” factor under Nken in an election case. I’ve written about this issue in my criticism of this line of cases, Reining in the Purcell Principle.