Supreme Court Affirms Stay of District Court Injunction Against Wisconsin Election Law
This evening, while the Senate was preparing to vote on the nomination of Amy Coney Barrett to be the 103rd Associate Justice, the Supreme Court affirmed a stay of a district court order enjoining enforcement of Wisconsin election laws. The vote was 5-3 along ideological lines.
Unlike with other recent election-related order, the Justices explained themselves. The Chief Justice, Justice Gorsuch and Justice Kavanaugh each wrote opinions concurring in the denial of the application to vacate the stay. Justice Kagan dissented, joined by Justices Breyer and Sotomayor.
The Chief Justice’s opinion is particularly interesting, because it explains why he voted to affirm a stay here, but refused to vote for a stay of an order of the Pennsylvania Supreme Court, leading to a 4-4 split. At the time, I suggested the Chief joined the liberals in
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