New: The en banc 4th Circuit voted 12-3 to leave intact a later deadline for North Carolina to accept absentee ballots after Election Day, rejecting a stay request from the Trump campaign, the RNC, and NC Republicans assets.documentcloud.org/documents/7273…
Prev: buzzfeednews.com/article/kendal…
Prev: buzzfeednews.com/article/kendal…
Note that this order does not split along this court's normal ideological lines — Trump's three appointees to the 4th Circuit split with the court's other three more conservative judges to vote to deny Republicans' request for a stay
Judge Wynn: "Accordingly, this Court must deny the requested injunction. To do otherwise would risk endangering a great many of our doctrines, to say nothing of the health of the voters of North Carolina as they attempt to safely exercise their right to vote."
Judges Wilkinson, Agee, and Niemeyer dissent: "Around the country, courts are changing the rules of the upcoming elections at the last minute. It makes the promise of the Constitution’s Elections and Electors Clauses into a farce."
Since the 4th Circuit went straight to deciding the North Carolina case en banc (something Judge Niemeyer wrote separately to lament), the only step left for Trump/RNC/NC Republicans would be to take this up to SCOTUS and seek an emergency stay
New: Trump's campaign, the RNC, and North Carolina Republicans are taking the fight over the state's deadline for receiving absentee ballots to SCOTUS. They've petitioned the justices to block an order that would extend the deadline from Nov. 6 to Nov. 12 assets.documentcloud.org/documents/7274…
See the rest of this thread for background on how we got here — Trump/RNC/NC GOP lost before the 4th Circuit, which voted 12-3 (including Trump's own appointees to that court) to deny a stay of the district court's decision
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