The Obama campaign on Friday night filed a brief in the Supreme Court, arguing that Republican Ohio Secretary of State Jon Husted's reasons for asking the court to stop implementation of equal weekend early voting rules for all Ohio voters in a county are "simply not credible."
Earlier this week, Husted appealed a ruling from the Sixth Circuit Court of Appeals that would permit counties to allow early voting on the weekend before next month's election for all voters in the county. Prior to the court battle, Ohio law allowed a small group of voters subject to a federal law regarding some military voters and their families to cast an early in-person ballot on the weekend before the election. Other voters, however, would be unable to do so.
In the Friday night filing, obtained by BuzzFeed, the Obama campaign and the Ohio Democratic Party argue that the case does not merit Supreme Court review and that, accordingly, the appeals court ruling should not be put on hold in the meantime. In part, they write:
[Husted and other defendants] seek an emergency stay of that injunction, but have utterly failed to carry their burden of showing that a stay is warranted, because they have satisfied none of the equitable factors required to justify such extraordinary relief—applicants have not demonstrated that they would suffer any irreparable harm if the injunction remains in place, any possible injury to applicants would be vastly outweighed by the substantial harm to the voting public occasioned by the State’s inequitable regime, and this Court is in any event unlikely to grant certiorari or reverse the court below. The application should be denied.
Additionally, several other states' attorneys general and military groups weighed in in support of Ohio's appeal today.