Beyond Bush v. Gore.
The U.S. Supreme Court, in a per curiam order, dissolved a temporary restraining order that would’ve forced the Ohio secretary of state to do stuff that she argued would suppress voting. Brunner v. Ohio Republican Party, No. 08A332 (U.S. Oct. 17, 2008) (per curiam).
The case holds obvious interest but also featured unusual carping among lower court judges. The panel that first considered the secretary of state’s arguments split 2-1 on overturning the TRO. Ohio Republican Party v. Brunner, No. 08-4242 (6th Cir. Sept. 30, 2008). The en banc court went the other way — but not before a dissenting circuit judge questioned a colleague’s sub silentio failure to recuse despite the fact that her husband (a candidate for office) stood to benefit from the court’s ruling. Ohio Republican Party v. Brunner, No. 08-4322 (6th Cir. Oct. 14, 2008).
