Jennifer Brunner, Ohio Secretary of State v. Ohio Republican Party et al. (555 U.S. 5)
U.S. Supreme Court · decided October 17, 2008 · Supreme Court Database (Spaeth)
- Citation
- 555 U.S. 5 · 129 S. Ct. 5
- Decided
- October 17, 2008
- Term
- October Term 2008
- Vote
- 9–0
- Issue area
- Civil Rights
- Disposition
- Stay, petition, or motion granted
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Per Curiam. On October 9, 2008, the United States District Court for the Southern District of Ohio entered a temporary restraining order (TRO) directing Jennifer Brunner, the Ohio Secretary of State (Secretary), to update Ohio’s Statewide Voter Registration Database to comply with §303 of the Help America Vote Act of 2002 (HAVA), 116 Stat. 1708,42 U. S. C. § 15483(a)(5)(B)(i) (2000 ed., Supp. V). The United States Court of Appeals for the Sixth Circuit denied the Secretary’s motion to vacate the TRO. The Secretary has filed an application to stay the TRO with Justice Stevens as Circuit Justice for the Sixth Circuit, and he has referred the matter to the Court. The Secretary argues both that the District Court had no jurisdiction to enter the TRO and that its ruling on the merits was erroneous. We express no opinion on the question whether HAVA is being properly implemented. Respondents, however, are not sufficiently likely to prevail on the question whether Congress has authorized the District Court to enforce § 303 in an action brought by a private litigant to justify the issuance of a TRO. See Gonzaga Univ. v. Doe, 536 U. S. 273, 283 (2002); Alexander v. Sandoval, 532 U. S. 275, 286 (2001). We therefore grant the application for a stay and vacate the TRO. It is so ordered. Section 15483(a)(5)(B)(i) states, in relevant part: “The chief State election official and the…
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