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Why the Supreme Court Shouldn’t Intervene in Ohio


Daniel P. TokajiSeptember 29 (Daniel P. Tokaji)

Briefing is now in the U.S. Supreme Court on Ohio’s emergency motion to stay the district court injunction restoring the rules regarding same day registration and early voting that existed before legislation enacted earlier this year (SB 238). In a previous post, I explained why the district court and Sixth Circuit panel’s rulings were faithful applications of legal precedent requiring close attention to the context in which restrictions on voting are enacted. This post explains why it would be unwise and disruptive for the Supreme Court to change the rules now – now literally on the eve of an election -- responding to comments that my colleague Ned Foley posted yesterday. [Read Comment]

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