“Appeals court panel won’t lift Michigan recount order”

Josh Gerstein:

A federal appeals court panel has declined to overturn a federal judge’s order mandating a recount of presidential election results in Michigan at the request of Green Party nominee Jill Stein.

In an order issued Tuesday evening, the 6th Circuit panel split, 2-1, along partisan lines in declining to temporarily lift the order that required the recount to begin by noon Monday in order to meet a target next week for states to name Electoral College electors. The Michigan Republican Party and Michigan Attorney General Bill Schuette had both asked the appeals court to step in.

From Judge McKeague’s dissent:

Moreover, in manifest display of partiality and overreach, the district court purports to have granted relief even more expansive than was requested. Whereas plaintiff Stein asked the court to enjoin any delay in commencement of the recount prior to December 7 (when the recount otherwise would have been commenced in accordance with state law), the district court purports to have not only ordered immediate commencement of the recount, but continuation thereof “until further order of this Court.” And not only that: the district court further defined the required continuation as including the requirement that “all governmental units participating in the recount to assemble necessary staff to work sufficient hours to assure that the recount is completed in time to comply with the safe harbor provision of 3 U.S.C. § 5.” R. 16, Temporary Restraining Order at 7–8, Page ID 678–79.

To this, I can only respond, “Astounding!” “Just who do we think we are?” Obergefell v. Hodges, 135 S.Ct. 2584, 2612 (2015) (Roberts, J., dissenting).

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