From the New York Times report on the Sixth Circuit’s 10-6 en banc decision in Republican Party v. Brunner.
The court decision requires Jennifer Brunner, the Ohio secretary of state, to provide the names to local election officials by Friday. Once the local officials have the names, they may require these voters to cast provisional ballots rather than regular ones, and they may ask partisan poll workers to challenge these voters on Election Day. Both possibilities could cause widespread problems when the voters show up at the polls.
Concerns about those problems led the Ohio Attorney General’s Office to file an appeal of the decision to the United States Supreme Court on behalf of Ms. Brunner on Wednesday night.
The state’s appeal went directly to Justice John Paul Stevens because he oversees the Sixth Circuit. It argued that the Republican Party had nearly two years to raise complaints about the process of screening voter registrations and failed to do so. Any changes now to the process would disrupt preparations for the election, it contended.
More on reactions to the ruling from the Columbus Dispatch and Cleveland Plain Dealer.
UPDATE: The Ohio State election law guys are on top of things (as usual) and have posted Brunner’s stay application here, and SCOTUSBlog covers the stay application here.