Interesting Will Baude post on today’s opinions from the en banc 7th Circuit in the voter id case:

Hasen has many criticisms of the per curiam opinion — including its assessment of the evidence challenging the law, and its reading of a Supreme Court case called Purcell v. Gonzales. It isn’t self-evident to me who is right about those things. (You can read his post to decide for yourself.)

But there is something else that troubles me about the per curiam opinion. The Supreme Court has said that the two “most critical” factors in deciding whether to grant a stay are the likelihood of success on the merits and whether the applicant will be irreparably injured absent a stay. The per curiam opinion discusses the state’s likelihood of success on the merits. It doesn’t discuss irreparable injury. So far as I can tell neither word (“irreparable” or “injury”) appears in the opinion at all.