Justice Stevens denied the applications to vacate the U.S. Court of Appeals for the Sixth Circuit’s decision staying enforcement of two federal District Court orders barring partisan poll watchers from polling places in Ohio. Jusitce Stevens did not, however, tip his hand on the merits of the competing claims.
Although the hour is late and time is short, I have reviewed the District Court opinions and the opinions of the Circuit Judges. That reasonable judges can disagree about the issues is clear enough.
The allegations of abuse made by the plaintiffs are undoubtedly serious—the threat of voter intimidation isnot new to our electoral system—but on the record before me it is impossible to determine with any certainty the ultimate validity of the plaintiffs’ claims.
Practical considerations, such as the difficulty of digesting all of the relevant filings and cases, and the challenge of properly reviewing all of the parties’ submissions as a full Court in the limited timeframe available, weigh heavily against granting the extraordinary type of relief requested here. Moreover, I have faith that the elected officials and numerous election volunteers on the ground will carry out their responsibilities in a way that will enable qualified voters to cast their ballots.
The two-page opinion is available here. For additional commentary and material, see Ohio State’s Election Law @ Moritz page.
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