Refusal to vacate 6th Circuit stays on Ohio voter challenge rulings [US SC] News
Refusal to vacate 6th Circuit stays on Ohio voter challenge rulings [US SC]

Spncer et al. v. Blackwell; Summit County Democratic Committee et al. v. Heider, United States Supreme Court, Justice John Paul Stevens, November 2, 2004. Excerpt:

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 is not 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.

Because of the importance of providing the parties with a prompt decision, I am simply denying the applications to vacate stays without referring them to the full Court.

Read the full text of the ruling here [PDF]. Reported in JURIST's Paper Chase here [PDF].

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