Toobin on the Supreme Court After Scalia
Here, with quotes on Pam Karlan and Heather Gerken on Citizens United and voting rights. … Continue reading
Category Archives: Voting Rights Act
“Texas Asks Supreme Court To Save Voter ID Law After Election”
AP: Texas is asking the U.S. Supreme Court to restore its newly weakened voter ID law but not until after the November election. Attorney General Ken Paxton filed the request Friday, two months after a federal appeals court ruled that … Continue reading
“4th Circuit judges weigh Virginia voter ID with N.C. case in mind”
Daily Press: U.S. Court of Appeals panel wrestled here Thursday over how to treat Virginia’s voter ID law following a circuit decision that nullified a similar law in North Carolina. That decision was made by a different three-judge panel on … Continue reading
“Softening Voter ID Laws Through Litigation: Is It Enough?”
Today the Wisconsin Law Review Forward published this article of mine (also in html format). From the Introduction: Headlines about voter identification laws often place court rulings in a simple win or loss frame. For example, the New York Times headline describing … Continue reading
Texas Promises Cert. Petition to #SCOTUS This Week in Voter ID Case
So reports David Saleh Rauf. Presumably this will not be accompanied by any request for emergency relief, meaning we should hear by around January if the Supreme Court would hear the full appeal. … Continue reading
Court in TX Voter ID Case Grants DOJ Motion on Voter ID Education, Requires Preclearance of Materials
The plaintiffs in the Texas voter id litigation have been complaining that Texas has not properly alerted voters that for this election they can vote without one of the narrow forms of ID. The court has now issued this order, … Continue reading
Texas May Pass a New Voter ID Law to Get Past “Democrat” Judge
From the KUT report I’ve just linked to: During an appearance on Laura Ingraham’s radio show today, Lt. Gov. Dan Patrick says the Texas Legislature will try to pass a new voter ID law in the next session. “I was … Continue reading
“Federal Judge Says Texas Election Officials Need to Follow Voter ID Court Order”
KUT: A federal judge sided again today with plaintiffs in the long legal battle over Texas’ voter ID law. This time, the U.S. Department of Justice joined the group of Texas voters challenging the state’s law, arguing Texas election officials … Continue reading
“Judge issues extraordinary dissent in voting rights case”
Josh Gerstein for Politico. … Continue reading
Texas, Opposing Motion by DOJ and Others, Says It is Doing Good Enough Job on Voter ID Softening Education
Response. … Continue reading
Breaking and Analysis: Supreme Court Rejects Democrats’ Emergency Motion in Ohio “Golden Week” Case
There were no noted dissents to this order. This is no surprise. I expected at most two votes for the Democrats’ position here. Why was this such a weak case? As I explained when the 6th Circuit reversed the trial … Continue reading
“Texas heading back to court over voter ID law”
The Austin-American Statesman reports. … Continue reading
6th Cir. Rejects Voting Rights Challenge to MI Law Giving State Emergency Appointment Powers in Local Areas
Opinion. … Continue reading
More Shenanigans from Texas in Voter ID Case: Threats to Investigate Voters Who Sign Affidavits
From a newly filed motion from the private plaintiffs, apart from the DOJ filing, and now to be heard at a Sept. 19 hearing: Private Plaintiffs’1 Motion for Further Relief to Enforce Interim Remedial Order is triggered by a series … Continue reading
Read OH Opposition to Dem’s “Golden Week” Emergency SCOTUS Motion
It’s here. … Continue reading
“Some election mailers still say voters will need ID at polls”
It’s got to be an innocent mistake, right? … Continue reading
“Court Filing Accuses Texas of Misleading Voters Without IDs”
Michael Wines for the NYT: The reason, the motion stated, is that the campaign omits the word “reasonably,” stating instead that voters can cast ballots only if they swear that they “cannot obtain” an identification card. That not only ignores … Continue reading
“Lawyers’ Committee Files Federal Voting Rights Lawsuit Challenging Discriminatory Method of Electing Judges to Highest Courts in State of Alabama”
Release: Today, the Lawyers’ Committee for Civil Rights Under Law (Lawyers’ Committee), filed a lawsuit on behalf of the Alabama State Conference of the NAACP and four individual black voters alleging that the method of electing Alabama’s most powerful judges … Continue reading
U.S. Goes After Texas for Not Implementing Voter ID Softening as Promised
Motion: Despite the Remedial Order’s clarity, Texas’s voter education and poll worker training documents depart from it. Rather than educating voters and poll officials about opportunities tocast a regular ballot for those who “do not possess SB 14 ID and … Continue reading
“The spurious claims against voters’ Golden Week add up to GOP monkey business”
Thomas Suddes column in the Cleveland Plain Dealer. … Continue reading
Justice Kagan Asks for OH to Respond to “Golden Week” Emergency Petition
Response due Thursday, Sept. 8. See my earlier coverage and thoughts on this case. … Continue reading
“North Carolina May End Up Back In Court Over Its Foot Dragging On Early Voting”
TPM reports. … Continue reading
“Inside the Republican creation of the North Carolina voting bill dubbed the ‘monster’ law”
Today’s must-read at WaPo: A review of these documents shows that North Carolina GOP leaders launched a meticulous and coordinated effort to deter black voters, who overwhelmingly vote for Democrats. The law, created and passed entirely by white legislators, evoked … Continue reading
“Protecting Voting Rights and Indian Country: A Precedent Setting Victory”
Byran Sells and Tim Pordon oped at Indian Country Today. … Continue reading
“Analysis: Voting Rights Hang in the Balance This November”
Zack Roth for NBC News. … Continue reading
NC Voting #SCOTUS Deadlock Roundup
NYT WaPo WSJ NPR AP BuzzFeed HuffPo CNN Reuters LAT USA Today NBC Bloomberg The Hill SCOTUSBlog Lyle Denniston And see my own analysis, “#SCOTUS 4-4 Tie in NC Voting Case Leaves Lower Court Ruling in Place and Shows Us Power … Continue reading
Breaking: #SCOTUS 4-4 Tie in NC Voting Case Leaves Lower Court Ruling in Place and Shows Us Power of Appeals Courts Post-Scalia
The Supreme Court has denied a stay in the North Carolina voting case, with the Justices mostly dividing 4-4. The stay order indicates that the Chief Justice, Justice Alito, and Justice Kennedy would have granted the stay except with respect … Continue reading
“Turnout, Tenuousness, and Getting Results in Section 2 Vote Denial Claims”
Pam Karlan has posted this draft on SSRN (forthcoming, Ohio St. L.J.). Here is the abstract: In recent years, courts have been called on to adjudicate a new series of cases involving vote denial — practices that prevent individuals from … Continue reading
Ed Blum on the Future of Voting Rights after Scalia
Part of the SCOTUSBlog symposium on the Court after Scalia. Ed is the guy behind the Shelby County and the Evenwel cases. You can find my take on the question here in the SCOTUSBlog symposium. … Continue reading
“The Court After Scalia: Standing at the Crossroads on Voting Rights”
SCOTUSBlog has a new symposium over the next few weeks on how the Court may change after Justice Scalia is (eventually) replaced on the Court. And I kick it off with a post on Scalia and voting rights. It begins: When … Continue reading
“For SF candidates, Chinese name can spell edge at poll”
SF Chronicle: Perhaps the most infamous example is Michael Nava, who ran for San Francisco Superior Court judge in 2010. His chosen given name, Zhengping, translates to “correct and fair” — tailor-made for someone running for judge. And his surname, … Continue reading
“Analysis: New Wisconsin Voter ID Rules Expose Law’s Real Aim”
Zack Roth on why the 7th Circuit en banc WI voter id compromise isn’t so good for voters. … Continue reading
NC Files Reply Brief in #SCOTUS Voting Case; Expect Decision from Court Soon
With this reply, briefing is now complete. My earlier coverage and predictions. Thanks to Lawrence Hurley for the document. … Continue reading
Was the 7th Circuit’s Voter ID En Banc Order a 4-4 Compromise a la #SCOTUS?
On Friday, I linked to this per curiam order from the Seventh Circuit in the two WI voter id/voting cases, Frank v. Walker and One Wisconsin Now. In the first case, plaintiffs were trying to make it easier for people … Continue reading
Plaintiffs in Ohio “Golden Week” Case Seek Stay from 6th Circuit; May Seek Emergency #SCOTUS Relief
On Tuesday, a 6th Circuit panel reversed a trial court’s ruling which had prevented Ohio from eliminating “Golden Week,” a week in which a person could both register to vote (or change a registration) and cast an early ballot. The … Continue reading
“Voter ID in Texas by way of North Carolina?”
Bobby Cervantes in the Houston Chronicle. … Continue reading
Breaking: 7th Circuit Refuses En Banc in Both WI Voter ID Cases; No More Changes Unless #SCOTUS Intervenes
A unanimous 7th Circuit issued this order en banc refusing to place the affidavit requirement to soften voter id back into effect at this point, and rejecting the other cross appeals. This would leave only the Supreme Court as a place … Continue reading
DOJ and Private Plaintiffs File #SCOTUS Responses in NC Emergency Voting Case
Private Plaintiffs’ response. DOJ’s response. Chief Justice Roberts can now decide this motion himself or refer to the Court. (NC might try to draft a reply by tomorrow). I’d expect a decision early next week. Here’s what I said about … Continue reading
“Judge sets oral arguments to determine if Texas intended to discrminate with voter ID law”
David Saleh Rauf reports in the San Antonio Express-News on this Order setting a January argument date on the question whether Texas passed its voter identification law with a racially discriminatory purpose. A finding of racially discriminatory purpose could allow the … Continue reading
“Ruling clears way for Pasadena voting rights suit to go to trial”
Houston Chronicle: A federal judge has denied Pasadena’s request to throw out a lawsuit challenging its controversial city council redistricting plan, which a group of Hispanic and Latino residents alleges dilutes the voting rights of the suburb’s growing minority population. Judge … Continue reading
Breaking: 6th Cir, on 2-1 Vote, Reverses Expansive Early Voting “Golden Week” Decision: Analysis
A divided panel of the 6th Circuit has reversed a trial court ruling and allowed the Ohio Legislature to eliminate “Golden Week,” a week in which a new or moving voter who needs to reregister could both register to vote … Continue reading
Federal District Court Finds Ferguson School District Elections Violate the Voting Rights Act
You can find the 119-page district court opinion here. This looks to be a very careful, and in some parts very technical look, at whether the Ferguson school board elections violate section 2 of the Voting Rights Act, in that … Continue reading
“Opinion: Three ways Congress can muscle-up to your voting rights”
Michael Golden and Larry Lessig in the Chicago Sun-Times: Fortunately, some in Congress are working toward a solution. Just before the national conventions, the House Democratic leadership announced its “By The People” (BTP) legislative package. These reforms, backed by 187 … Continue reading
WI Files Reply Brief in One Wisconsin Now Early Voting 7th Circuit Stay Request
You can read it here. A snippet on the Purcell issue: Equally remarkably, Plaintiffs assert that the risk of “voter confusion,” Purcell v. Gonzalez, 549 U.S. 1, 4–5 (2006), favors them. Resp. 19–20. The injunction revised laws have been on the books … Continue reading
“Texas fails to comply with language access provisions of the Voting Rights Act”
Release: Today, a coalition of 10 groups sent a letter to Carlos Casco, Secretary of State of Texas, requesting that his office take immediate steps to comply with the federal Voting Rights Act of 1985 (VRA) and the Texas Elections Code. … Continue reading
“North Carolina GOP Out to Limit Crucial Early Voting Period”
Zack Roth for NBC News. … Continue reading
“Supreme Court is About to Get a Good Look at How North Carolina Messes with Its Voting Rules”
Cristian Farias for HuffPo. … Continue reading
“Our view: McCrory should drop election-law appeal”
Winston Salem-Journal editorial: Gov. Pat McCrory has every right to ask the U.S. Supreme Court to stay the Fourth Circuit Court of Appeals’ decision regarding the legislature’s discriminatory election law, as he did Monday, But he should drop his unwise … Continue reading
“Episode 156: The battle for Native American voting rights”
Podcast: When San Juan County, Utah made the move to all mail-in voting in 2014, it seemed like a great idea. The county is almost 8,000 square miles with about 15,000 residents and voting by mail meant you no longer had to travel to … Continue reading
“Have North Carolina Republicans Found a Way to Reinstate Discriminatory Voting Rules?”
David Graham for the Atlantic. My alternate headline: Have North Carolina Republicans Found a Way to Reinstate Federal Oversight of Their Voting Rules? … Continue reading