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Docket for 22A136

No. 22A136

Title:	Richard Rose, et al., Applicants v. 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)

Proceedings and Orders

Aug 14 2022

Application (22A136) to vacate stay entered by the United States Court of Appeals for the Eleventh Circuit, submitted to Justice Thomas.
Main Document Other Proof of Service

Aug 15 2022

Response to application (22A136) requested by Justice Thomas, due Wednesday, August 17, 2022, by 5 pm.

Aug 17 2022

Response to application from respondent Georgia Secretary of State Brad Raffensperger filed.
Main Document Proof of Service

Aug 18 2022

Reply of applicant Richard Rose, et al. filed.
Reply Proof of Service

Aug 19 2022

Application (22A136) referred to the Court.

Aug 19 2022

Application (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

Attorneys for Petitioners

Bryan Ludington Sells
Counsel of Record

The Law Office of Bryan L. Sells LLC
Post Office Box 5493
Atlanta, GA 31107
bryan@bryansellslaw.com
Ph: 404-480-4212
Party name: Richard Rose, et al.

Attorneys for Respondents

Bryan Paul Tyson
Counsel of Record

Taylor English Duma LLP
1600 Parkwood Circle
Suite 200
Atlanta, GA 30339
btyson@taylorenglish.com
Ph: 6783367249
Party name: Secretary of State Brad Raffensperger

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