Not even Breyer or Ginsburg dissented from the Supreme Court’s decision to leave the 8th Circuit’s ruling undisturbed. So this is such a blatant legal wrongness, but only Kagan and Sotomayor saw it?
Is it time for Ginsburg to retire?
Or (and spoiler alert: this is the right answer) the law is proper based on the standards in Crawford v Marion County, the Eighth Circuit noted that North Dakota would be likely to proceed on the merits and thus refused to enjoin them from enforcing it state-wide, and the Supreme Court, equally correctly, declined to overturn that decision.
Now, some of youse will piously claim that even though it’s legal, it’s Wrong.
Don’t care what you think. We decide things in this country without relying on what you say is Wrong, especially when your standards are so flexible.