Sixth Circuit Rejects DOJ Rehearing Bid Over Michigan Voter File, Leaving June Ruling Intact
Updated
Updated · Democracy Docket · Aug 14
Sixth Circuit Rejects DOJ Rehearing Bid Over Michigan Voter File, Leaving June Ruling Intact
3 articles · Updated · Democracy Docket · Aug 14
Summary
A full Sixth Circuit panel refused to rehear the Trump DOJ’s bid for Michigan’s unredacted statewide voter file after less than a majority of judges backed en banc review.
Judge Eric Murphy said the June panel ruling turned largely on curable procedural flaws: DOJ’s letters appeared to seek the statewide database, not underlying individual records, and failed to clearly state the basis and purpose in one place.
Murphy, joined by several judges, said DOJ could fix the problem with a new, unambiguous demand letter instead of having roughly 17 judges revisit the case; two dissents argued Michigan’s defenses were merely technical.
The denial preserves binding Sixth Circuit precedent against DOJ’s current Title III theory and adds to losses in 21 district courts as the department presses a broader nationwide voter-roll records campaign.
Murphy said the dispute could return later as similar cases advance elsewhere, potentially giving the Sixth Circuit and ultimately the Supreme Court another chance to weigh DOJ’s authority.