[EL] WI decision-voter id stayed

[Foley, Edward]

Could Civil Procedure experts help me understand the status of the district court's preliminary injunction in light of tonight's Supreme Court ruling?  As I understand it, SCOTUS has acted only so far on the plaintiffs' application to vacate the Seventh Circuit's stay of the district court's preliminary injunction.  The order appears to apply only to 14A352, and not the plaintiffs' subsequent application to stay the Seventh Circuit's reversal of the PI (14A376).  If this is correct, then is not the Seventh Circuit's reversal of the PI still operative, and if so, does that not mean that the PI is NOT operative (assuming the Seventh Circuit's mandate has issued)?

Edward B. Foley
Ebersold Chair in Constitutional Law
Ohio State University Moritz College of Law
(614) 292-4288


On Oct 9, 2014, at 9:49 PM, Rick Hasen <rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>> wrote:

Breaking: Supreme Court Stops Immediate Implementation of WI Voter ID Law<http://electionlawblog.org/?p=66601>
Posted on October 9, 2014 6:47 pm<http://electionlawblog.org/?p=66601> by Rick Hasen<http://electionlawblog.org/?author=3>

Here<http://sblog.s3.amazonaws.com/wp-content/uploads/2014/10/14A352-Wisconsin-voting-order-10-9-14.pdf> is the opinion, and judged by the dissent of Justice Scalia, joined by Alito and Thomas, the basis was the Purcell objection, the proximity to the upcoming election and the risk of electoral chaos.

Not only did the apparent Kagan/Breyer strategy I explained last night<http://electionlawblog.org/?p=66570> to keep the Chief and Kennedy likely work, here’s something odd: I probably agree with the votes on all three of the decisions of the Court in the election cases: OH, NC, and WI.  Three in a row for me and the Court—unheard of.

[this post is in progress}

--
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>
http://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org

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