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Sixth Circuit Sets Briefing Schedule in Minor Party Lawsuit

On January 16, the Sixth Circuit set a briefing schedule for Libertarian Party of Ohio v Husted, 14-3030. The state’s brief is due February 28; the briefs for the minor parties are due April 2; the state’s reply is due April 19. After that, it will probably be several months before an oral argument is scheduled, although it is possible that the state won’t ask for oral argument. The 2014 primary is May 6.

It is conceivable that the state might drop its appeal, because the case only involves the 2014 election, and anything the court does is likely to be too late to have any practical effect. It is also conceivable that the Ohio legislature, which is session now, will alter the law.

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