Ga. PSC Election Method Challengers Seek SCOTUS Rehearing

The U.S. Supreme Court should reconsider its denial of a petition for certiorari from a group of Black voters challenging state methods for electing Georgia Public Service Commission members, the voters said Friday. The group filed a petition for rehearing in case 23-1060. Last month, the Supreme Court denied the original petition (see 2406240041). Then, on July 10, the 11th U.S. Circuit Court of Appeals denied rehearing en banc of a denial by one of its panels (see 2407100050). Noting dissents by three 11th Circuit judges, the petitioners wrote, “The July 10 order and accompanying opinions are ‘intervening circumstances of a substantial or controlling effect’ that warrant rehearing in this case.” The Supreme Court didn’t get to consider the en banc opinion before denying cert, they added. That’s because the 11th Circuit didn’t disclose until July 10 “that en banc proceedings had been ongoing,” petitioners said. Had it done so earlier, the deadline to file a cert petition “would have been extended until those proceedings resolved.”