Free and Fair
In the next week or two, the U.S. Court of Appeals for the Sixth Circuit will decide two Ohio election cases with both practical and jurisprudential importance. They shouldn't necessarily be decided the same way. Here's an explanation why.
The federal court order requiring Ohio to restore early voting days rests on a non-retrogression principle even though it is a constitutional, rather than, statutory case. This comment analyzes the court's innovative use of the constitutional non-retrogression principle and considers whether it is sufficient to justify an appellate affirmance of the order, as this case now moves to the Sixth Circuit appeals court.
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