In a story about the latest appeal in Frank v Walker, Hasen notes:
[Update: Bill Groth reminds me: Since the 7th Circuit deadlocked 5-5 in Frank v. Walker, Judge Tinder, who voted with the Easterbrook faction to uphold the law, retired. There are now just 9 active judges with no confirmations imminent. Thus, there can’t be another 5-5 split if the case were to go en banc.” That could potentially be good news for supporters of the affidavit requirement.]
And the Supreme Court? I don’t expect there would be 5 votes to do anything, unless it is about an issue of making a change too close to the election.
So that's very interesting. If we are counting right, there are now 5 votes to 4 at the 7th circuit against voter ID. Is this the right time to bring a case in Indiana? It may be too close to the election for a decision before November, but this may at least be a good time to get a case started.