Cite as: 589 U. S. ____ (2020)
1
GINSBURG, J., dissenting
SUPREME COURT OF THE UNITED STATES
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No. 19A1016
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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