The outcome of the appeal of the Ohio case is not certain. However, because the facts and law are stronger than in the Missouri case, it is the appeal that should proceed. On the other hand, because of unfriendly findings of fact and the general language in Section 8, an Appellate Court would be more likely to uphold the Missouri District Court decision. That would expand the jurisdiction covered by the decision and make it a more powerful precedent in future litigation.
The Department of Justice’s decision to appeal the decision despite the fact that Missouri has done an adequate job of maintaining accurate voter lists and there is no fraud, demonstrates once again that it is still interested in voter suppression and partisan attacks. This is especially true when there is strong evidence that Missouri is failing to comply Section 7, a responsibility of a Republican governor and yet the Department is taking no action to enforce that obligation.
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