U. S. Supreme Court Turns Back Republicans (GOP), Lifts Order Requiring Ohio To Cross-Check Voter Rolls.

Read the Court's opinion, or read it below:

Cite as: 555 U. S. ____ (2008)

SUPREME COURT OF THE UNITED STATES, No. 08A332

JENNIFER BRUNNER, OHIO SECRETARY OF STATE v. OHIO REPUBLICAN PARTY ET AL.

ON APPLICATION FOR STAY

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, to update Ohio’s Statewide Voter Registration Database (SWVRD) to comply with Section 303 of the Help America Vote Act of 2002 (HAVA), 116
Stat. 1708, 42 U. S. C. §15483(a)(5)(B)(i).* 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 Section 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.

Editor's comment: Did you read the part that I have highlighted?

The Court is effectively saying only the state, presumably through Ohio's Secretary of State, may bring this type of lawsuit.

Yep, effectively it means the GOP may be out of luck on this one.

What does the Protect America Act require or provide? Read below about the pertinet part of the Act:

——————
* Title 42 U. S. C. §15483(a)(5)(B)(i) (2000 ed., Supp. V) states, in relevant part:
“The chief State election official and the official responsible for the
State motor vehicle authority of a State shall enter into an agreement
to match information in the database of the statewide voter registration
system with information in the database of the motor vehicle authority
to the extent required to enable each such official to verify the accuracy
of the information provided on applications for voter registration.”

Read the entire Act here.

Editor's note: BRUNNER v. OHIO REPUBLICAN PARTY