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Summary: On October 9, 2008, the United States District Court for the Southern District of Ohio entered a temporary re-straining order (TRO) directing Jennifer Brunner, theOhio Secretary of State, to update Ohio’s Statewide VoterRegistration Database (SWVRD) to comply with Section303 of the Help America Vote Act of 2002 (HAVA), 116 Stat. 1708, 42 U. S. C. §15483(a)(5)(B)(i).* The United States Court of Appeals for the Sixth Circuit denied the Secretary’s motion to vacate the TRO. The Secretary has filed an application to stay the TRO with JUSTICE STEVENS as Circuit Justice for the Sixth Circuit, and he has referred the matter to the Court. The Secretary ar-gues both that the District Court had no jurisdiction to enter the TRO and that its ruling on the merits was erro-neous. We express no opinion on the question whether HAVA is being properly implemented. Respondents,however, are not sufficiently likely to prevail on the question whether Congress has authorized the District Courtto enforce Section 303 in an action brought by a private litigant to justify the issuance of a TRO. See Gonzaga Univ. v. Doe, 536 U. S. 273, 283 (2002); Alexander v. Sandoval, 532 U. S. 275, 286 (2001). We therefore grantthe application for a stay and vacate the TRO. It is so ordered. 125 posted on Friday, October 17, 2008 12:21:58 PM by montag813