Background
Intervenor-defendants-appellants sought a stay of the district court’s judgment which barred enforcement of Arizona Revised Statutes Section sixteen one hundred twenty-one point zero one subsection C. A motions panel had previously granted a partial stay for this specific provision but denied stays for other portions of the judgment. Plaintiffs-appellees filed an emergency motion for reconsideration of this partial stay.
The court’s reasoning
The court determined that the motions panel’s order failed to provide a reasoned analysis of the factors for a stay pending appeal. The panel overlooked considerations specific to election cases and the potential for confusion and chaos from late-stage alterations to election rules. The intervenors failed to demonstrate a strong likelihood of success on the merits, as the underlying consent decree remains in force and binding.
We exercise our discretion to reconsider and vacate in part the motions panel’s July 18 order.
Mi Familia Vota v. Fontes, No. 24-3188 (9th Cir. Aug. 1, 2024)
The dissent
What it means going forward
The injunction barring enforcement of the challenged Arizona statute remains in full effect, requiring county recorders to accept state form registration applications without documentary proof of citizenship pending the final resolution of the appeal.