After two federal district courts issued orders earlier today enjoining Republican challengers at the Ohio polls, Republicans indicated they would appeal to the Sixth Circuit. I have not seen any papers besides a notice of appeal posted on the OSU site. If there are emergency motions to be heard, this has to happen in a matter of hours. (The attorney general has said he won’t seek an immediate stay of the district court orders, but that won’t stop the Republican intervenors from seeking a stay).
At the same time, as indicated in a post a few below this one, Republicans have gone to the Ohio Supreme Court asking for permission to put multiple challengers in polling places.
And still today, a judge in New Jersey issued an order blocking Republicans from challenging voters in Ohio under a dedades-old order (see here). The article reports that Republicans will appeal, presumably to the Third Circuit.
So what are we waiting for now out of Ohio? Possible orders from the Third Circuit, the Sixth Circuit, and the Ohio Supreme Court on challenges. Barring any orders from these courts changing the status quo, it appears that Republican challengers will be unable to challenge voters at Ohio polls tomorrow.
I am all for pre-election litigation (rather than post-election litigation) to clear up the rules for election day. But this is cutting it rather close. In the event one of these appellate court acts (presumably within the next few hours), how will the word on the rules get out to the polling officials? And, worse yet, what if the appellate courts issue conflicting orders?
UPDATE: In response to the Sixth Circuit’s request for a brief, the Ohio attorney general has now asked the Sixth Circuit to stay the Ohio district court orders. See here.
UPDATE II: Thanks to a reader for passsing along a link to this order of the Ohio Supreme Court. It grants mandamus, restoring the right of Republicans to one challenger per precinct. The opinion notes “This order is based solely on this court