10th Circuit Court of Appeals denies rehearing in Kobach v. U.S. Election Assistance Commission


Scalia flip offRick Hasen’s Election Law Blog reports:

Yesterday the 10th Circuit panel which decided the Kobach v. EAC case issued this one line order denying rehearing. Kansas and Arizona did not seek rehearing en banc, so the only place to go now is SCOTUS for further appeals.

Oh, Arizona will appeal. Justice Antonin Scalia gave Arizona and Kansas a road map of how to get this case back to the U.S. Supreme Court in Arizona v. The Inter Tribal Council of Arizona, Inc., a 7-2 decision in 2013. Justice Scalia is salivating over the prospects of gutting another election law to deny more citizens their right to vote.

The “dual election” system created by Arizona and Kansas for voters who registered using the federal voter registration form is still being challenged in a separate action in Kansas after the judge denied a preliminary injunction to block it. A legal challenge to the dual election system was not filed in Arizona. It affected few voters in the election in Arizona, and was a huge waste of taxpayer dollars.

h/t Boston Herald photo