January 05, 2010

Ninth Circuit Again Decides Washington State Felon Disenfranchisement Case

You can read the 2-1 opinion in Farrakhan v. Gregoire here. From a quick read of the opinion, I fully expect there to be a request (at least from within the Circuit) for rehearing en banc. The last time this case came up, Judge Kozinski wrote a very strong dissent from denial of rehearing en banc. Since then, there have been more cases coming out the other way on this issue.

The majority relies heavily on the distinction between "vote dilution" and "vote denial," and Dan Tokaji's very important article on the topic.

Howard Bashman rounds up early reports and commentary here.

Posted by Rick Hasen at January 5, 2010 04:34 PM