BRUNNER V. OHIO REPUBLICAN PARTY
On application for stay [from the Sixth Circuit Court of Appeals.]
Who are the parties?
On one side we have the Republican Party. That group of political leaders who historically included Abraham Linclon and Ronald Reagan. On the other side, we have Ms. Brunner, the Ohio Secretary of State and the person in charge of Ohio's election process.
What is this lawsuit about?
In this case, the Republicans were beginning to start their litigation machine in preparation for the November election. Looking at those states that might be close, the Republicans hoped to disenfrancise a the new group of voters that have recently registered in Ohio because the Republicans expect those new voters would vote for their arch-nemesis: Barak Obama.
What did those dastardly Republicans do?
The Republicans sued the Secretary of State of Ohio and alleged that the Secretary of State wasn't complying with a federal law, passed in 2002, that requires the top election official to compare voter registrations with motor vehicle registrations. If Ms. Brunner didn't do it, the Republicans wanted it updated ASAP via court-ordered Temporary Restraining Order.
The Republican's secretly hoped the new voter registrations would not match the DMV records, and the registrations would be rejected.
What is a Temporary Restraining Order?
It is a temporary injuction that lasts only as long as it takes to get a preliminary injuction. To get one, you have to show that there is an imminent harm, and that you are likely to succeed on the merits. They don't last very long.
What did the lower courts say?
The lower courts granted the Republican Party's motion - and gave them the temporary restraining order.
What did the Supreme Court say?
It reversed the lower courts and held that the Republicans didn't have a snowball's chance in Los Angeles of succeeding. Therefore, no TRO.
How did the Court decide?
The Republicans, a group of private citizens, asked that a federal court tell a state official to follow a federal law. The Supreme Court said that those Republicans aren't likely to be able to do that under this statute.
Why not?
Courts call it standing. Some laws are written for ordinary folks to enforce, and other laws are written for federal agencies, like the Justice Department, to enforce. So just like a private citizen can't go out and charge someone for violating a criminal law, the Republican Party can't go out and force Ohio to follow this statute. The Republican Party didn't have standing.
Did it matter?
No. Barak Obama won by such a significant margin that all the litigation in the world wouldn't give the Presidency to John McCain.