[EL] Supreme Court reinstated ban on curbside voting in Alabama: 20A67, Merrill v. People First

[Marty Lederman]

In this case, I, for one, am thankful for the absence of an explanation,
because whatever it is, it would set very troubling precedent.

If they stayed this, surely the result will be the same in Wisconsin (any
day now) and North Carolina, where the effect on voting is more modest and
where there are state statutes to which the majority will defer.  I only
hope we get those cases over with very soon, not next week, so that voters
and election workers are fully aware of the operative rules of the road and
there's less chance of a decree close to or after 11/03 that certain
submitted ballots not be counted.

On Wed, Oct 21, 2020 at 8:54 PM Vladeck, Stephen I <SVladeck at law.utexas.edu>
wrote:

> I’d just add the utter irresponsibility of providing not even a single
> sentence of explanation as to why the district court order, which even the
> Eleventh Circuit refused to stay, meets the criteria for a stay from the
> Court…
>
>
>
> *From:* Law-election <law-election-bounces at department-lists.uci.edu> *On
> Behalf Of *Pamela S Karlan
> *Sent:* Wednesday, October 21, 2020 8:48 PM
> *To:* Rick Hasen <hasenr at gmail.com>
> *Cc:* Election Law Listserv <law-election at uci.edu>
> *Subject:* [EL] Supreme Court reinstated ban on curbside voting in
> Alabama: 20A67, Merrill v. People First
>
>
>
> 5-3, with the expected lineup.  A dissent from Justice Sotomayor that ends
> with a truly heartbreaking quotation:  “ Plaintiff Howard Porter, Jr., a
> Black man in his seventies with asthma and Parkinson’s Disease, told the
> District Court: “ ‘[S]o many of my [ancestors] even died to vote. And while
> I don’t mind dying to vote, I think we’re past that – we’re past that
> time.’ ” Id., at *11.”
>
>
>
> The total indifference of the Court to citizens’ ability to vote — while
> the Court does *its* business remotely — is stunning.
>
> Pamela S. Karlan
>
> Kenneth and Harle Montgomery Professor of Public Interest Law
>
> Co-Director, Stanford Supreme Court Litigation Clinic
>
> Stanford Law School
>
> 559  Nathan Abbott Way
>
> Stanford, CA 94305
>
> karlan at stanford.edu
>
> 650.725.4851
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-- 
Marty Lederman
Georgetown University Law Center
600 New Jersey Avenue, NW
Washington, DC 20001
202-662-9937
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