Van Hollen adopts Frank Easterbrook's "chutzpah-filled argument that it would cause voter confusion to undo the confusion caused by the 7th Circuit’s surprise order," notes Rick Hasan, election law expert.
But there's more.
Writes Van Hollen's brief:
Wisconsin’s widest-circulated newspaper declared shortly after the denial of en banc rehearing that, “The voter ID issue is settled—at least for the Nov. 4. election: Voters will be required to bring a photo ID to the polls.”Van Hollen cites a Milwaukee Journal-Sentinel editorial, "Don't let voter ID law stop you from voting on Nov. 4" from Sept. 28, 2014.
Since Sept 28, there have been at least two news pieces prominently mentioning the Emergency petition (application) pending before U.S. Supreme Court Justice Elena Kagan:
- Marley, October 6, 2014
- Stein and Marley, October 2, 2014; (U.S. Supreme Court is asked to block Wisconsin's voter ID law. ACLU says there's not enough time to implement before election)
Kagan is expected to rule soon; and likely either ask for more briefing, rule for voting rights advocates against the obstruction law, or throw the matter to whole Court (bad for voting rights advocates).
Or, Kagan could deny the Emergency petition (application). Crazier things have happened.