Supreme Court Denies Stay in Ohio Ballot Initiative Case

The shadow docket order in Yost v. Brown is here. The case concerns Ohio AG Yost’s repeated refusal to certify a proposed summary of a proposed constitutional amendment. The district court concluded that the ballot initiative proponents’ First Amendment rights were violated and issued a preliminary injunction, which it stayed pending appellate review. A divided panel of the Sixth Circuit lifted the stay. Justice Kavanaugh initially granted a stay and ordered a response. The Court, however, allowed the district court’s preliminary injunction to stand. Justices Thomas, Alito, and Kavanaugh dissented from the Court’s denial of the stay, but they declined to author opinions.

Prior coverage of this case can be found here and here.

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