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`
`
`
` Cite as: 574 U. S. ____ (2014)
`
` ALITO, J., dissenting
`
`
`SUPREME COURT OF THE UNITED STATES
`
`1
`
`_________________
`No. 14A352
`_________________
`
` RUTHELLE FRANK, ET AL. v. SCOTT WALKER
`
`GOVERNOR OF WISCONSIN, ET AL.
`
`
`ON APPLICATION TO VACATE STAY
`
` [October 9, 2014]
`The application to vacate the September 12, 2014 order
`
`of the United States Court of Appeals for the Seventh
`Circuit presented to Justice Kagan and by her referred to
`
`the Court is granted and the Seventh Circuit’s stay of the
`district court’s permanent injunction is vacated pending
`
`the timely filing and disposition of a petition for a writ of
`certiorari respecting case Nos. 14-2058 & 14-2059. Should
`the petition for a writ of certiorari be denied, this order
`
`shall terminate automatically. In the event the petition
`for a writ of certiorari is granted, the order shall terminate
`upon the sending down of the judgment of this Court
`JUSTICE ALITO, with whom JUSTICE SCALIA and JUSTICE
`
`THOMAS join, dissenting.
`
`
`There is a colorable basis for the Court’s decision due to
`the proximity of the upcoming general election. It is par-
`
`ticularly troubling that absentee ballots have been sent
`out without any notation that proof of photo identification
`must be submitted. But this Court “may not vacate a stay
`
`entered by a court of appeals unless that court clearly and
`‘demonstrably’ erred in its application of ‘accepted stand-
`ards.’” Planned Parenthood of Greater Tex. Surgical
`Health Servs. v. Abbott, 571 U. S. ___, ___ (2013) (slip op.,
`
`at 1) (SCALIA, J., concurring in denial of application to
`
`vacate stay) (quoting Western Airlines, Inc. v. Teamsters,
`
`480 U. S. 1301, 1305 (1987) (O’Connor, J., in chambers);
`
`some internal quotation marks omitted). Under that test,
`the application in this case should be denied.
`
`
`
`
`
`
`

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