Close watchers of the fight over Wisconsin’s ID law noted last week that there was a slight procedural hiccup.
The trial court issued a permanent injunction blocking the ID law. That decision was then stayed by the 7th Circuit; the 7th Circuit’s stay, in turn, was vacated by SCOTUS. Separately, the 7th Circuit also issued an order reversing the trial court on the merits; though it seemed likely that the Supreme Court would similarly press pause on that order, that order had not yet been blocked – which meant that technically, whenever the 7th Circuit issued its mandate, the Wisconsin ID law would be implemented for this election.
Yesterday, the 7th Circuit formally issued a stay of its own mandate, pending the disposition of a cert petition (or a failure to file such a petition). That was the last technical shoe to fall, and it ensures that the Wisconsin ID law will formally be blocked for this election.
After the election, the law will be back in place unless the Supreme Court decides to hear the case and overturn the 7th Circuit’s decision on the merits.