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|PRIORITIES USA; RISE, INC.; DETROIT/DOWNRIVER
CHAPTER OF THE A. PHILIP RANDOLPH INSTITUTE,
REPUBLICAN NATIONAL COMMITTEE; MICHIGAN
MICHIGAN SENATE; MICHIGAN HOUSE OF
| No. 20-1931|
Appeal from the United States District Court
for the Eastern District of Michigan at Flint.
No. 4:19-cv-13341—Stephanie Dawkins Davis, District Judge.
Decided and Filed: October 21, 2020
Before: COLE, Chief Judge; and BOGGS and COOK, Circuit Judges.
BOGGS, Circuit Judge. The district court enjoined Michigan’s enforcement of a state
statute designed as a prophylactic measure against voter fraud. After the state attorney general
declined to challenge the injunction, the two houses of the Michigan Legislature jointly sought
an emergency stay of the injunction from the district court—which denied their motion—and
now from this court. Because the legislature has standing to appeal the order granting the
injunction, the state statute is likely not preempted by federal law, and the balance of equities
weighs in favor of staying the district court’s order, we grant the legislature’s motion.