On Monday afternoon, the Supreme Court denied Democrats’ request to reinstate a trial court order barring the presidential campaigns and others from several activities views by the lower court as voter intimidation tactics.
A federal appeals court had issued a stay of that order, effectively reversing it, leading Democrats to ask the Supreme Court to reverse the appeals court. The justices denied the request so without even seeking a response from the Donald Trump campaign.
The Supreme Court issued a one-sentence order denying the request. Additionally, Justice Ruth Bader Ginsburg issued a short statement noting that she denied the Democrats’ request “[m]indful that Ohio law proscribes voter intimidation” — citing to and quoting from Ohio law: “‘Harassment in violation of the election law’ includes an ‘improper practice or attempt tending to obstruct, intimidate, or interfere with an elector in registering or voting at a place of registration or election.’”
The full order is here.
I am not all that surprised by this order, except for the fact that the Court did not even ask for a response from Republicans.
Also notable, Justice Ginsburg did not recuse herself, despite earlier comments critical of Donald Trump. I expect her to be criticized for that, but I think it is clear from this that she would not recuse in any other Trump-related election litigation.