No. 22A136
Title:Richard Rose, et al., Applicants
Brad Raffensperger, Georgia Secretary of State
Docketed:August 15, 2022
Lower Ct:United States Court of Appeals for the Eleventh Circuit
   Case Numbers:(22-12593)
   Decision Date:
   Rehearing Denied:
  Discretionary Court Decision Date:

DateProceedings and Orders
Aug 14 2022Application (22A136) to vacate stay entered by the United States Court of Appeals for the Eleventh Circuit, submitted to Justice Thomas.
Main DocumentOtherProof of Service
Aug 15 2022Response to application (22A136) requested by Justice Thomas, due Wednesday, August 17, 2022, by 5 pm.
Aug 17 2022Response to application from respondent Georgia Secretary of State Brad Raffensperger filed.
Main DocumentProof of Service
Aug 18 2022Reply of applicant Richard Rose, et al. filed.
ReplyProof of Service
Aug 19 2022Application (22A136) referred to the Court.
Aug 19 2022Application (22A136) to vacate stay presented to Justice Thomas and by him referred to the Court is granted. The August 12, 2022 order of the United States Court of Appeals for the Eleventh Circuit staying the district court’s injunction is vacated. Respondent’s emergency motion for a stay pending appeal relied on the traditional stay factors and a likelihood of success on the merits, see Nken v. Holder, 556 U.S. 418 (2009), yet the Eleventh Circuit failed to analyze the motion under that framework. Instead, it applied a version of the Purcell principle, see Purcell v. Gonzalez, 549 U.S. 1 (2006) (per curiam), that respondent could not fairly have advanced himself in light of his previous representations to the district court that the schedule on which the district court proceeded was sufficient to enable effectual relief as to the November elections should applicants win at trial. The Eleventh Circuit may reconsider whether a stay pending appeal is appropriate, subject to sound equitable discretion.

Attorneys for Petitioners
Bryan Ludington Sells
    Counsel of Record
The Law Office of Bryan L. Sells LLC
Post Office Box 5493
Atlanta, GA 31107
Party name: Richard Rose, et al.
Attorneys for Respondent
Bryan Paul Tyson
    Counsel of Record
Taylor English Duma LLP
1600 Parkwood Circle
Suite 200
Atlanta, GA 30339
Party name: Secretary of State Brad Raffensperger