Four takeaways from NC ruling: 1. It's no surprise the stay was denied, given there are 4 conservatives & 4 liberals on Court and it takes 5
Thanks! My coverage of SCOTUS North Carolina voting deadlock is here: http://electionlawblog.org/?p=86071 https://twitter.com/jbview/status/771073390828552192 …
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2. Liberals who were expecting that maybe J. Kennedy or Chief Justice would see voting rules as means of suppression will be disappointed;
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3. The 4-4 split on the emergency request in NC case indicates that Court likely to keep deadlocking in voting cases till there's a 9th Just
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4. The deadlock means lower federal appeals courts and state sup cts are empowered, leaving danger of deadlocked SCOTUS in Clinton v. Trump
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Is there any kind of doctrinal reason that J. Thomas would split on preclearance?
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