DOJ Files Notice of Appeal and Motion for Stay Pending Appeal of Sooknanan's Voter List Maintenance Vacatur in Common Cause v. DOJ

On 10/16/26 (filing date), the Justice Department asked Judge Sooknanan to stay her October 9, 2026 order (order date) vacating the Voter List Maintenance Policy; see 2026-10-09–sooknanan-vacates-doj-voter-list-maintenance-policy. The motion opens: “There is no such policy.” It asks the court to “stay its order entering judgment for Plaintiffs, ECF No. 52, pending the resolution of Defendants’ appeal of that order to the D.C. Circuit.”

Defendants noted an appeal the same day, to the D.C. Circuit.

On the merits, the motion argues the individual letters are not final agency action: “States had the option to provide the requested information; many did, many did not.” On harm, it relies on a declaration for the claim that “DOJ can no longer compare voter rolls to determine if those rolls “contain[] the names of duplicate voters.”” It also says the vacatur does not foreclose DOJ’s suit against California.

Not read: the declaration attached to the motion; it is not on RECAP.