Cite as: 589 U. S. ____ (2020) 1 GINSBURG, J., dissenting SUPREME COURT OF THE UNITED STATES _________________ No. 19A1016 _________________ REPUBLICAN NATIONAL COMMITTEE, ET AL. v. DEMOCRATIC NATIONAL COMMITTEE, ET AL. ON APPLICATION FOR STAY [April 6, 2020] JUSTICE GINSBURG, with whom JUSTICE BREYER, JUSTICE SOTOMAYOR, and JUSTICE KAGAN join, dissenting. The District Court, acting in view of the dramatically evolving COVID–19 pandemic, entered a preliminary injunction to safeguard the availability of absentee voting in Wisconsin’s spring election. This Court now intervenes at the eleventh hour to prevent voters who have timely requested absentee ballots from casting their votes. I would not disturb the District Court’s disposition, which the Seventh Circuit allowed to stand. I A Wisconsin’s spring election is scheduled for tomorrow, Tuesday, April 7, 2020. At issue are the presidential primaries, a seat on the Wisconsin Supreme Court, three seats on the Wisconsin Court of Appeals, over 100 other judgeships, over 500 school board seats, and several thousand other positions. Democratic National Committee v. Bostelmann, ___ F. Supp. 3d ___, ___, 2020 WL 1638374, *3 (WD Wis., Apr. 2, 2020). In the weeks leading up to the election, the COVID–19 pandemic has become a “public health crisis.” Id., at ___, 2020 WL 1638374, *1. As of April 2, Wisconsin had 1,550 confirmed cases of COVID–19 and 24 deaths attributable to the disease, “with evidence of increasing community

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