The court once again 'dons its emergency-responder gear, rushes to the scene, and uses its equitable power to fan the flames rather than extinguish them.'
Ketanji Brown Jackson: “The court once again 'dons its emergency-responder gear, rushes to the scene, and uses its equitable power to fan the…”
Editor's note · Context
Jackson lamented the court's hasty decisions that exacerbate issues rather than resolve them.
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It feels to me like the defendants ... are bringing it back to federal court before the state courts have really had a chance to sort out who is the source, what is their allegation with respect to how this causation is happening.
The consequences of allowing such transformative changes to take effect so close to this fall’s elections would be extreme.
The harm caused by burdening or disenfranchising even a few lawful voters outweighs the nonexistent harm that the Government experiences when it is prevented from taking an action that it likely lacks the authority to take.
The Court’s disposition of this application does not mean that any measure taken by the Government to implement the Order will necessarily be lawful.