Kobach Loses Again—This Time in Tenth Circuit


Exercising jurisdiction pursuant to 28 U.S.C. § 1292, we hold that the district court did not abuse its discretion in issuing the preliminary injunction. Under the facts of this case, section 5 of the NVRA preempts Kansas’s DPOC requirement as applied to motor voter applications. Further, under the circumstances present here, no constitutional doubt arises as to whether the NVRA precludes Kansas from enforcing its voter qualifications under the Qualifications Clause of the U.S. Constitution. Moreover, the district court did not err in finding that the Plaintiffs-Appellees had made a strong showing ofirreparable harm, that the balance of equities was strongly in their favor, and that an injunction would serve the public interest. Accordingly, we AFFIRM the district court’s grant of the preliminary injunction against Secretary Kobach for reasons to be more fully explained in a forthcoming opinion.

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