Wisconsin's Voter-ID Case Provides A Lesson In Interim Relief

In recent weeks, several high-profile cases involving Wisconsin public policy have come before the Seventh Circuit. In many instances, these cases have provided not only insights on the federal judicial system for the general public, but also reminders for appellate practitioners of the nature of judicial powers.

Last Friday offered another example. The Seventh Circuit in Frank v. Walker, stayed the permanent injunction of Wisconsin's voter-ID law (Act 23), which the Eastern District of Wisconsin had issued back in April. The appellate panel, composed of Judges Easterbrook, Sykes, and Tinder, took the step just hours after it heard oral argument in the consolidated cases weighing the law's validity under the Voting Rights Act and under the Constitution.

It is worth emphasizing that the Court of Appeals always has the authority to enter this sort of interim relief. Unless impracticable, a party must move first in the district court. Fed. R. App. P. 8(a). If, however, the district court denies the motion, or fails to grant the requested relief (the situation here), the party may seek a stay of the district court's judgment or order, or an order "suspending, modifying, restoring, or granting an injunction" pending appeal, from the Court of Appeals. Fed. R. App. P. 8(a)(2)(A).

Here, the court stayed the injunction, stating that "[t]he State of Wisconsin may, if it wishes (and if it is appropriate under rules of state law), enforce the photo ID requirement in this November's elections." As an initial matter, the...