On July 2, the Sixth Circuit issued an order in SawariMedia v Whitmer, 20-1594. This is the case over whether Michigan must give ballot access relief to initiative proponents. The U.S. District Court had said the state must either cut the number of signatures, or give substantially more time to finish the petition. Michigan asked for a stay, but the Sixth Circuit refused the state’s request.

The three judges were Eric L. Clay, a Clinton appointee; Alan E. Norris, a Reagan appointee; and Joan Larsen, a Trump appointee. Larsen was formerly on the Michigan Supreme Court.

The Sixth Circuit has been handling ballot access relief due to the health crisis differently in Michigan and Ohio. The difference is the attitude of the state government toward social distancing. Ohio had made a social-distancing exception for “First Amendment activity”; other states have not done this.