Reply To: Michigan files supplemental brief replying to solicitor general


Robin Vander Wall


First, you’ve already won. The present question is whether or not the win is sustained (by the high Court’s rejection of the petition). Should the Court grant the petition, there is no way to predict what the final outcome could be (the Court could sustain in part and reject in part, then remand for further review). How much time will that take? Heaven knows. If the Court rejects the petition, the case returns to the District Court where the action began for further proceedings in accordance with the 6th Circuit’s ruling. I wouldn’t want to speculate at this point about how that Judge would see fit to apply the ruling. For example, the District Court Judge might find it possible to make a narrow application which would set the stage for further litigation by plaintiffs who receive no relief. On the other hand, if the Judge applies the ruling broadly, that will set the stage for Michigan to possibly attack his application on other grounds.

There being so many possibilities at present, the ACLU of Michigan has wisely cautioned Michigan registrants to let the legal machinations run their course. When the fog of battle lifts, we’ll see more clearly what ground has been covered and where there remain pockets of resistance.