Three-Judge Panel Named to Hear Texas Challenge to Constitutionality of Section 5 of the Voting Rights Act

I'm going to start referring to the case (complaint) as the NAMUDNO case for shorthand (plaintiff is Northwest Austin Municipal Utility District Number One).

A three judge court has been named: district judge Paul Friedman, district judge Emmet Sullivan, and DC Circuit judge David Tatel. [note: an earlier version of this post incorrectly referred to Judge Sullivan as being on the DC Circuit] This is likely a good draw for defenders of the constitutionality of section 5. But I don't think the lower court opinion is going to matter very much, however it comes out. This issue---either in this case or one of the others being filed---will be resolved when the Supreme Court resolves it.

My earlier coverage of this very important case is here and here. See also this Houston Chronicle report.

Posted by Rick Hasen at September 12, 2006 08:05 AM