On Wednesday evening, in Yost v. Brown, Justice Brett Kavanaugh entered a stay of a district court order in requiring Ohio Attorney General Dave Yost to publish two contested ballot initiative summaries. Justice Kavanaugh also called for a response by next Wednesday.
The underlying dispute concerns the wording of the ballot initiative summary prepared by the initiative proponents. Attorney General Yost rejected the summary prepared by the proponents on the grounds that it is not fair and truthful and the proponents sued. The district court entered an injunction requiring the AG to publish the summary, and this order was affirmed by a divided panel of the U.S. Court of Appeals for the Sixth Circuit.
Judge Karen Moore wrote the majority, joined by Judge Andre Mathis. Judge John Bush dissented.
