On September 5, the Sixth Circuit issued an order that permits Michigan to remove the straight-ticket device from 2018 ballots. Michigan State A. Philip Randolph Institute v Johnson, 18-1910. The state legislature had repealed the authorization for the device in early 2016, but then supporters of the device had filed a lawsuit later that year, arguing that removing the device discriminated against African-American voters. The U.S. District Court had restored the device for the 2016 election, and earlier this year, made that permanent and told Michigan to use the device again in 2018.
The vote was 2-1. The opinion is by Judge Danny Boggs, a Reagan appointee. It is also signed by Judge Raymond Kethledge, a Bush Jr. appointee. The dissent is by Judge Bernice Donald, an Obama appointee. The dissent starts on page 24.
The Sixth Circuit in 2016 had let the device remain on the ballot for one election only, but now says that the U.S. District Court was probably wrong, and therefore this year the state may remove the device.