Category Archives: Voting Rights Act

Wow: 11th Circuit Rejects State of Alabama’s Argument That Congress Did Not Intend to Allow Private Litigants to Be Able to Sue for Violation of Section 2 of the VRA, But Judge Branch Remarkably Dissents

Crazy news on the 150th anniversary of the Fifteenth Amendment. States ordinarily have sovereign immunity against lawsuits without their consent. But Congress has the power to “abrogate” (or eliminate) that immunity through a statute. For decades, it has been unquestioned… Continue reading

Breaking: Divided En Banc 9th Circuit Holds Arizona Violated Voting Rights Act by Not Partially Counting Out-of-Precinct Provisional Ballots and Engaged in Intentional Racial Discrimination in Banning Collection of Absentee Ballots

You can find the 432 pages of opinions at this link. I strongly suspect that the Supreme Court will take this case, which reversed a lower court and a three-judge Ninth Circuit panel. A finding of intentional discrimination is especially… Continue reading