Frank v. Walker

Decision Date09 October 2014
Docket NumberNo. 14A352.,14A352.
Citation190 L.Ed.2d 245,135 S.Ct. 7,574 U.S. 929
PartiesRuthelle FRANK, et al. v. Scott WALKER, Governor of Wisconsin, et al.
CourtU.S. Supreme Court

There is a colorable basis for the Court's decision due to the proximity of the upcoming general election. It is particularly troubling that absentee ballots have been sent out without any notation that proof of photo identification must be submitted. But this Court "may not vacate a stay entered by a court of appeals unless that court clearly and `demonstrably' erred in its application of `accepted standards.'" Planned Parenthood of Greater Tex. Surgical Health Servs. v. Abbott, 571 U.S. ___, 134 S.Ct. 506, 506, 187 L.Ed.2d 465 (2013) (SCALIA, J., concurring in denial of application to vacate stay) (quoting Western Airlines, Inc. v. Teamsters, 480 U.S. 1301, 1305, 107 S.Ct. 1515, 94 L.Ed.2d 744, (1987) (O'Connor, J., in chambers); some internal quotation marks omitted). Under that test, the application in this case should be denied.

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5 cases
  • People First of Ala. v. Merrill
    • United States
    • U.S. District Court — Northern District of Alabama
    • September 30, 2020
    ..., 127 S. Ct. at 6, but also allowed a lower court's injunction issued 26 days before an election to stand, see Frank v. Walker , 574 U.S. 929, 135 S.Ct. 7, 190 L.Ed.2d 245 (2014). Also, a recent decision by the Court partially leaving in place a district court's order related to absentee ba......
  • Democratic Nat'l Comm. v. Bostelmann
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • October 8, 2020
    ...Ct. 1205, 1207, 206 L.Ed.2d 452 (2020). One of the decisions cited in that opinion is another from Wisconsin: Frank v. Walker , 574 U.S. 929, 135 S.Ct. 7, 190 L.Ed.2d 245 (2014). In Frank this court had permitted Wisconsin to put its photo-ID law into effect, staying a district court's inju......
  • Lena Taylor, Tory Lowe, & Justice Wis., Inc. v. Milwaukee Election Comm'n
    • United States
    • U.S. District Court — Eastern District of Wisconsin
    • April 6, 2020
    ...the eve of an election. See Purcell v. Gonzalez , 549 U.S. 1 [127 S.Ct. 5, 166 L.Ed.2d 1](2006) (per curiam ); Frank v. Walker , 574 U.S. 929 [135 S.Ct. 7, 190 L.Ed.2d 245] (2014) ; Veasy v. Perry , 574 U.S. –––– [135 S.Ct. 9, 190 L.Ed.2d 283] (2014). Id. at 1207.The Court emphasized that i......
  • Paher v. Cegavske
    • United States
    • U.S. District Court — District of Nevada
    • May 27, 2020
    ...eve of an election." Republican Nat'l Comm. v. Democratic Nat'l Comm. ("RNC"), 140 S. Ct. 1205, 1207 (2020) (citing Purcell; Frank v. Walker, 574 U.S. 929 (2014); and Veasey v. Perry, 574 U. S. ___, 135 S. Ct. 9 (2014)); see also Republican Party of Pa. v. Cortés, 218 F. Supp. 3d 396, 405 (......
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