Judicial Watch's amicus curiae brief opposed this radical step because it would harm the public interest, given that so many of the reinstated registrations would be legally invalid because they are associated with voters who are living in other states or are deceased (Phillip Randolph Institute, et al., v. Jon Husted, Ohio Secretary of State (No. 2:16-cv-00303)).

This second failed challenge to Ohio's voter law came after the U.S. Supreme Court, on June 11, 2018, upheld an Ohio law providing that the State had to send address confirmation notices to all registered voters who had not voted in the previous two years. This ruling has the effect of also upholding a 2014 settlement agreement between Judicial Watch and Ohio, which required Ohio to use that same procedure as part of a regular Supplemental Mailing designed to identify whether registered Ohio voters had moved away – one of many steps intended to fulfill Ohio's obligations under the National Voter Registration Act (NVRA) to maintain the integrity of its voter list.