[W]e note that the document appears to be in 12 point font, not 13 point font. I’m pretty sure this specific topic was a point of discussion among all counsel prior to filing our respective briefs, and each party appeared to recognize the continuing 13-point font requirement.
Thus, we were surprised to receive the State’s 12-point font brief. The apparent failure to comply with the Court’s order had the effect of substantially increasing the State’s page limitations and, under the circumstances, prejudices the United States.
– Bradley Heard, a lawyer with the Department of Justice, in a weekend email sent to a group of attorneys from Bancroft. The firm represents South Carolina in an ongoing dispute with the DOJ over the state’s voter ID law.
(Was there a resolution in this case of prejudice by font?)