DOJ and Private Plaintiffs File #SCOTUS Responses in NC Emergency Voting Case

Private Plaintiffs’ response.

DOJ’s response.

Chief Justice Roberts can now decide this motion himself or refer to the Court. (NC might try to draft a reply by tomorrow).  I’d expect a decision early next week. Here’s what I said about the chances when NC filed its emergency motion:

But there are two reasons to believe the Purcell argument is unlikely to gain a fifth vote here: first, the timing problem is North Carolina’s fault. The fourth circuit specifically addressed the timing issue in its denial of a stay, pointing out the assurances the state gave the fourth circuit that a decision by the end of July would be enough time to implement its decision. And they waited SEVENTEEN DAYS to file this thing. Second, there is a finding of intentional discrimination here, and as I argue in my piece Reining in the Purcell Principle, such a finding should weigh heavily on a court in considering whether a last minute change is warranted. That is, even if a change comes at the last minute from a court, it can well be justified if the state has engaged in deliberately bad conduct. In these circumstances, as I’ve written, I don’t expect Justice Breyer to be a fifth vote for a “courtesy stay.”

So here’s my prediction: stay denied by the Supreme Court, either without comment, or with a dissent from Justices Alito and Thomas.


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