Here's the 6th Circuit en banc decision @SenSchumer is referring to in his tweet: http://www.opn.ca6.uscourts.gov/opinions.pdf/08a0374p-06.pdf … Majority by Judge Sutton; J. Kethledge joined and then added a brief clarifying concurrence.
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Here was my post at the time: http://electionlawblog.org/?p=10877 The 6th Circuit en banc dispute was nasty, and the 6th circuit en banc (including J. Kethledge) reinstated a trial court ruling made upon very flimsy evidence of a threat of voter fraud.
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Here is SCOTUS unanimous ( very short) decision to reverse the 6th Circuit en banc. http://electionlawblog.org/archives/orp-sct.pdf … Contrary to majority (including Kethledge) SCOTUS said Ohio Rep. Party had no right to sue for what the Ohio SOS did. My thoughts at the time: http://electionlawblog.org/?p=10928
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Shows the conservative 6th Circuit majority (including J. Kethledge) was too willing to risk disenfranchisement of legitimate Ohio voters based upon flimsy evidence of voter fraud risk, and ignoring SCOTUS rules on who has standing to sue under federal statutes.
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