Dems Ask SCOTUS To Re-Instate Voter Intimidation Order Against Trump Camp

A view of the Supreme Court in Washington, Wednesday, June 27, 2012. Saving its biggest case for last, the Supreme Court is expected to announce its verdict Thursday on President Barack Obama's health care law. The o... A view of the Supreme Court in Washington, Wednesday, June 27, 2012. Saving its biggest case for last, the Supreme Court is expected to announce its verdict Thursday on President Barack Obama's health care law. The outcome is likely to be a factor in the presidential campaign and help define John Roberts' legacy as chief justice. But the court's ruling almost certainly will not be the last word on America's tangled efforts to address health care woes. (AP Photo/Evan Vucci) MORE LESS
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Democrats made a last-ditch appeal late Sunday to the Supreme Court to re-instate a restraining order against the Donald Trump campaign to prevent voter intimidation tactics, an order that was issued by a federal judge in Ohio on Friday but then halted by an appeals court Sunday.

The Democrats, in their emergency application to the Supreme Court, pointed to procedural issues with the appeals court action. Namely, the panel of 6th Circuit judges blocked the restraining order from being implemented without giving the Democrats a chance to argue directly to the appeals court panel, via briefs or a hearing, in favor of keeping the restraining order in place.

The Democrats’ filing also argued in favor of a restraining order on the case’s merits.

“The Sixth Circuit’s stay will cause irreparable harm to the Ohio Democratic
Party, its candidates, and most importantly thousands of voters who are exposed to intimidation, harassment, and coercion from Trump-incited illegal ‘watchdogs’ at the polls,” the Democrats said.

The filing added that, if the district court’s restraining order was found to be too broad, the appropriate response would be to send it back to the district court for it be more narrowly tailored, rather than to halt the restraining order entirely.

The case was brought by the Ohio Democratic Party against the Ohio GOP, Trump campaign, Trump-ally Roger Stone and his group Stop the Steal. It was one of a series of state party lawsuits filed that said that Trump’s rhetoric calling for vigilante poll watchers — as well as the individual actions and comments of state party officials and Trump supporters — was encouraging illegal voter intimidation behavior.

The federal judge declined to issue a restraining order against the Ohio GOP, citing lack of evidence, but told the Trump campaign and Stone to avoid “conspiring to intimidate, threaten, harass, or coerce voters on Election Day.” The Trump camp appealed that decision, and the appeals court panel sided with the Republicans in an order that said that the Democrats had failed to prove their case.

The matter will now be up to Justice Elena Kagan — to whom the application was technically filed, as she oversees the 6th Circuit — and to the rest of the Supreme Court, where Kagan is likely to refer it, as is the protocol of any high-profile application.

UC-Irvine School of Law Professor Rick Hasan wrote on his Election Law Blog that he saw “long odds” for the Democrats’ success. They would need five justices to agree to reverse the 6th Circuit’s action, which is unlikely, given the court is divided four-four ideologically. Additionally, the Supreme Court has shown a habit of being hesitant to disrupting the status quo in election law when Election Day is very close.

Read the application below:

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  1. They are asking the same four justices who gutted the Voting Rights Act and approved Citizens United to stop voter intimidation by Rethuglicans? Surely you jest.

    Sounds like a bit of a non-starter. Still, you’ve got to admire either their optimism or their sense of humor. I’m not sure which.

  2. Avatar for ottis ottis says:

    I believe it’s sense of humor.

  3. Get it on the record. Not everyone will rewrite our history.

  4. This probably has been covered in earlier threads, but aren’t the Republicans making an absurd, and self-defeating argument?

    Original Case

    • Democrats: Republicans are illegally harassing and intimidating voters
    • Republicans: ARE NOT!
    • Court: Alright, here’s a TRO: Republicans don’t illegally harass or intimidate voters (which you say you weren’t doing anyhow so no problem, right?)

    Appeal

    • Republicans: Hey we want to be able to illegally harass or intimidate voters like we said we were never doing in the first place! Stay the TRO!
    • Democrats: …? Uh, no you should not be able to illegally harass or intimidate voters.
    • Court: Sure, Republicans, we’ll stay the TRO. Get your illegal intimidation on.

    SCOTUS Appeal

    • Democrats: Seriously, they should not be allowed to illegally intimidate voters. This should not even be an argument! They are literally arguing that they should be able to harass and intimidate voters! We feel like we’re taking crazy pills!

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