Divided Ninth Circuit Rejects Constitutional Challenge to Federal Law that Requires Hawaii to Allow Former Residents Who Move to CNMI to Vote, But Not Those Who Move to Other U.S. Territories Including Guam, Just 37 Miles from CNMI

The majority applied rational basis review; the dissenter would have applied Anderson-Burdick balancing and remanded. The majority expressed concern about the lack of voting rights of those who live in U.S. territories but said litigation was the wrong way to solve it.

I talk about the unfairness of U.S. voting rights for people living in territories in my book, A Real Right to Vote.

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