Breaking News: Ninth Circuit to Hear Farrakhan Felon Disenfranchisement Decision En Banc

You can read the court’s order at this link.
I am off to teach a review session. More to come.
UPDATE: I think the Ninth Circuit’s decision to grant en banc rehearing makes it even less likely that the Supreme Court will take up the First Circuit felon disenfranchisement case. The main reason for taking that case would be to resolve a circuit split, a split which the en banc grant (at least temporarily) eliminates. I can’t imagine that the liberals on the Court will be dying to have this Supreme Court consider ways to further limit the Voting Rights Act, and the conservatives are likely to believe the First Circuit’s opinion holding that felon disenfranchisement laws cannot violate section 2 of the VRA is likely right.
If the Ninth Circuit en banc finds that the VRA section 2 covers felon disenfranchisement claims, that would be a case the Court would be likely to take. (I wrote a short article on this issue a few years ago.)

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