WEISER v. BENSON

No. 22-1014.

48 F.4th 617 (2022)

Ronald WEISER; Michigan Republican Party, Plaintiffs-Appellants, v. Jocelyn BENSON, in her official capacity as Secretary of State, Defendant-Appellee, Whitmer for Governor Committee, Intervenor-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 9, 2022.


Attorney(s) appearing for the Case

ARGUED: Edward M. Wenger , HOLTZMAN VOGEL BARAN TORCHINSKY & JOSEFLAK PLLC, Washington, D.C., for Appellants. Erik A. Grill , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellee Benson. Christopher M. Trebilcock , CLARK HILL PLC, Detroit, Michigan, for Appellee Whitmer.

ON BRIEF: Edward M. Wenger , Jason B. Torchinsky , HOLTZMAN VOGEL BARAN TORCHINSKY & JOSEFLAK PLLC, Washington, D.C., for Appellants. Erik A. Grill , Heather S. Meingast , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellee Benson. Christopher M. Trebilcock , Carly O. Machasic , CLARK HILL PLC, Detroit, Michigan, for Appellee Whitmer.

WHITE, Circuit Judge, delivered the opinion of the court in which BUSH, Circuit Judge, joined. READLER, Circuit Judge (pp. 628-32), delivered a separate opinion concurring in part and in the judgment.


OPINION

Plaintiffs-Appellants—Ronald Weiser, a Republican donor and chair of the Michigan Republican Party (MRP), and the MRP—filed this action against Defendant-Appellee, Michigan Secretary of State Jocelyn Benson, alleging that an interpretative statement and a declaratory ruling issued by...

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