“[M]any of the positions taken by the federal government in its recent communications to state election officials may have little merit,” Judge Eric Miller wrote in a concurrence. “But a district court does not generally have the authority to enter an injunction prohibiting the Department of Justice from expressing its views about criminal statutes, even if the court determines that those views are incorrect.”
“[M]any of the positions taken by the federal government in its recent communications to state election officials may have little merit,” Judge Eric Miller wrote in a concurrence. “But a district court does not generally have the authority to enter an injunction prohibiting the Department of Justice from expressing its views about criminal statutes, even if the court determines that those views are incorrect.”
