Court Denies Government Discovery Request in Shelby County VRA Case

You can read the Court’s order here. Among other things, the DOJ wanted to determine whether Shelby County is eligible for bailout. But Shelby County does not want bailout. So the case is moving directly to summary judgment on the question whether Congress’s extension of the VRA section 5 for another 25 years exceeded congressional power, the issue left undecided in NAMUDNO. Briefing on the summary judgment motion should be complete in December, meaning we should have an opinion from the district court in the early part of 2011. This is a case I will continue to monitor closely, as it could be the case that causes the Supreme Court to revisit the issue it left open in NAMUDNO.

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