The Seattle Post-Intelligencer reported that the Supreme Court will now consider whether to hear the merits of the case, but the action to block the release of documents means the petitions most likely won’t be released before the November 3, 2009 election. 

On the same day, the Secretary of State's Election Division issued a narrative explaining why the Secretary of State, in consultation with the Attorney General’s Office, treats initiative and referendum petitions as public records subject to disclosure under the Washington Public Records Act.

Despite the Ninth Circuit ruling, the names have not been released due to a temporary restraining order granted by a Thurston County Superior Court judge blocking the State from releasing initiative petitions under the Public Records Act. The District Court decision was issued in response to a lawsuit, seeking to stop the release of petitions, brought by Tim Eyman, a well known sponsor of initiatives and referendums.

On September 10, 2009, the U.S. District Court of the Western District of Washington granted a preliminary injunction barring the Secretary of State of Washington from any public release of documents showing the names and contact information of people who signed petitions in support of R-71. In reaching its conclusion, the Court held that the “weight of authority” leads to a finding that an individual who supports the referral of a referendum is engaged in protected political speech under the First Amendment, which includes the right to speak anonymously. Accordingly, the Court found that the Plaintiffs were likely to succeed on their claim that the Washington Public Records Act was unconstitutional as applied to the public disclosure of referendum petitions.