Wednesday, September 7, 2016
The Sixth Circuit ruled yesterday that the courts lacked jurisdiction over an anonymous complaint about the lengths of voting lines in Ohio in the 2016 primary election. The ruling means that this strange case is dismissed, and the district court's preliminary injunction keeping polling places open an extra hour is vacated. (That extra hour turns out not to have mattered in the results, anyway.)
The case arose when the district court clerk's office received a late election-day phone call complaining that a traffic accident in the Cincinnati area was making it tough for voters to get to the polls by the 7:30 closing time. The clerk contacted a district court judge, and the judge ordered certain polling places to stay open an extra hour. (Some did, some didn't, because of communications issues.)
The Ohio Secretary of State and two counties covered in the order appealed.
But there was a problem: The case had no plaintiff. (It also had no complaint, no caption, no case.)
The Sixth Circuit ruled that the courts lacked jurisdiction over this kind of phantom suit, because there was no standing. As the court explained, in language that can now go in every Con Law and Fed Courts textbook, "There is no plaintiff with standing if there is no plaintiff."
The majority went on to say that it was impossible to rule on whether the case was moot (under the capable-of-repetition-but-evading-review exception), because "it is impossible to say that this complaining party would not be subjected to the same action again," because, well, there's no plaintiff. (The dissent took issue with this conclusion.)
The court had a pretty simple solution to the jurisdictional issues: The clerk simply could have asked "Who is it?" But, alas, that didn't happen.