Ga. AG Opposes Requested Stay of Mandate in PSC Elections Decision

The office of Georgia Attorney General Christopher Carr (R) opposes the Dec. 7 motion of a group of Black voters from Fulton County to stay the mandate in the 11th U.S. Circuit Court of Appeals decision finding that elections must remain statewide for the Georgia Public Service Commission’s five members while they ask the U.S. Supreme Court to review the decision (see 2312080010), said the AG office’s opposition Tuesday (docket 22-12593). “As a result of the now-reversed district court order, two commissioners have remained in office past their statutory terms,” said the opposition. “There is no basis to further prevent the voters of Georgia from voting for these important positions,” and the 11th Circuit should immediately issue the mandate in this case to allow commission elections to proceed, it said. The plaintiffs “correctly identify” the elements required to obtain a stay of the mandate, “but they do not satisfy the requirements,” it said. There’s no reason to believe SCOTUS will grant cert in this case, nor a basis to conclude that SCOTUS will reverse the 11th Circuit’s decision, the opposition said. There’s no harm to the plaintiff-appellees if the mandate issues, but there’s “great harm” to the state if it doesn’t, it said. “The requested stay would result in the continued holding over of commissioners for a second general election cycle,” it said. The 11th Circuit should deny the stay and order the district court to lift the injunction and allow commission elections to proceed, it said.