Is Justice Gorsuch in Play in Ohio Voter Purge Case?

Sam Bagenstos, in a fine amicus brief for former DOJ officials, makes a very strong textualist argument (along with other arguments) that Ohio’s voter purge process violates the plain meaning of the NVRA and HAVA.  (Sam makes other persuasive arguments too, including pointing out that the current Trump Administration’s read of the statute conflicts with more than two decades of earlier consistent interpretation by DOJ.)

I’ll be watching closely to see whether Justice Gorsuch, who otherwise I would expect to have sympathy with Ohio’s position, follows the close textual reading in Sam’s brief.


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