Monthly Archives: May 2012

First Look at DC Circuit Opinions in Alabama’s Shelby v. Holder Section 5 Challenge



A three-judge panel of the U.S. Court of Appeals for the DC Circuit today filed opinions in Shelby County, Alabama v. Eric H. Holder, Jr.  In a 2-1 decision, the Court upheld that Section 5 of the Voting Rights Act, as reauthorized by Congress in 2006, remains “congruent and proportional,” while Senior Circuit Judge Williams dissented that “without more evidence distinguishing current conditions in the covered jurisdictions from those in the uncovered ones, § 4(b)’s coverage formula appears to be as obsolete in practice as one would expect, in a dynamic society, for markers 34-to-59 years old.”


 


Shelby County v. Holder Opinion for the Court filed by Judge Tatel – dissenting opinion by Senior Judge Williams begins on p. 64.


 


In the related LaRoque v. Holder Opinion:  “We vacate the judgment of the district court and remand the case with instructions to dismiss for lack of jurisdiction.”

First Look at DC Circuit Opinions in Alabama’s Shelby v. Holder Section 5 Challenge



A three-judge panel of the U.S. Court of Appeals for the DC Circuit today filed opinions in Shelby County, Alabama v. Eric H. Holder, Jr.  In a 2-1 decision, the Court upheld that Section 5 of the Voting Rights Act, as reauthorized by Congress in 2006, remains “congruent and proportional,” while Senior Circuit Judge Williams dissented that “without more evidence distinguishing current conditions in the covered jurisdictions from those in the uncovered ones, § 4(b)’s coverage formula appears to be as obsolete in practice as one would expect, in a dynamic society, for markers 34-to-59 years old.”


 


Shelby County v. Holder Opinion for the Court filed by Judge Tatel – dissenting opinion by Senior Judge Williams begins on p. 64.


 


In the related LaRoque v. Holder Opinion:  “We vacate the judgment of the district court and remand the case with instructions to dismiss for lack of jurisdiction.”

Wythe County, Virginia Gets Section 5 Bailout



“The Justice Department announced that it has reached an agreement with Wythe County, Va ., that will allow for the county and its three political subdivisions, the Wythe County School District and the towns of Rural Retreat and Wytheville, to bail out from their status as “covered jurisdictions” under the special provisions of the Voting Rights Act, and thereby exempt these jurisdictions from the preclearance requirements of Section 5 of the Voting Rights Act.”  



More here.

Wythe County, Virginia Gets Section 5 Bailout



“The Justice Department announced that it has reached an agreement with Wythe County, Va ., that will allow for the county and its three political subdivisions, the Wythe County School District and the towns of Rural Retreat and Wytheville, to bail out from their status as “covered jurisdictions” under the special provisions of the Voting Rights Act, and thereby exempt these jurisdictions from the preclearance requirements of Section 5 of the Voting Rights Act.”  



More here.

The million dollar “Section 5 burden” on Mississippi, South Carolina and Texas


 The U.S. Department of Justice typically makes sure voting laws comply with the Voting Rights Act. President Barack Obama’s administration has already shot down voter ID laws in South Carolina and Texas.  The scuttlebutt around the Capitol is that Mississippi officials may attempt to bypass the DOJ and let the federal courts decide on Mississippi’s law.  In its recent budget, lawmakers appropriated $495,000 to Mississippi Secretary of State Delbert Hosemann’s office for voter ID litigation.  link

Mississippi has prudently anticipated a half million dollar down payment for the upcoming administrative and court battle with DOJ and at least a year delay of enactment of the state constitutional amendment and implementing law, all in an effort to gain preclearance from DOJ under Section 5 of the VRA.  South Carolina similarly anticipates the cost of the entire litigation will be
over one million dollars as it attempts to enact its photo ID law.  The lengthy and contentious litigation with Texas has to be reaching a million dollars.  And don’t forget the dozens of intervenors that like to insert themselves into the process and drown the states in paper and discovery requests. 

Rest assured, DOJ will treat this voter ID litigation like death penalty litigation – no expense or litigation tactic is off the table.  And that is after the Supreme Court and the 9th Circuit has ruled on photo ID, upholding the law finding no burden on minorities.  DOJ has provided no deferrence given to judicial direction.  Now compare that burdensome road to Tennessee, Kansas and Rhode Island who faced no similar delay or expensive litigation battle with the Department of Justice.   

The million dollar “Section 5 burden” on Mississippi, South Carolina and Texas


 The U.S. Department of Justice typically makes sure voting laws comply with the Voting Rights Act. President Barack Obama’s administration has already shot down voter ID laws in South Carolina and Texas.  The scuttlebutt around the Capitol is that Mississippi officials may attempt to bypass the DOJ and let the federal courts decide on Mississippi’s law.  In its recent budget, lawmakers appropriated $495,000 to Mississippi Secretary of State Delbert Hosemann’s office for voter ID litigation.  link

Mississippi has prudently anticipated a half million dollar down payment for the upcoming administrative and court battle with DOJ and at least a year delay of enactment of the state constitutional amendment and implementing law, all in an effort to gain preclearance from DOJ under Section 5 of the VRA.  South Carolina similarly anticipates the cost of the entire litigation will be
over one million dollars as it attempts to enact its photo ID law.  The lengthy and contentious litigation with Texas has to be reaching a million dollars.  And don’t forget the dozens of intervenors that like to insert themselves into the process and drown the states in paper and discovery requests. 

Rest assured, DOJ will treat this voter ID litigation like death penalty litigation – no expense or litigation tactic is off the table.  And that is after the Supreme Court and the 9th Circuit has ruled on photo ID, upholding the law finding no burden on minorities.  DOJ has provided no deferrence given to judicial direction.  Now compare that burdensome road to Tennessee, Kansas and Rhode Island who faced no similar delay or expensive litigation battle with the Department of Justice.   

Texas voter ID “pitching and rolling in waves of court action”


Before and after the passage of Senate Bill 14 by the Texas Legislature in 2011, the new voter identification legislation was labeled discriminatory by its opponents (Democrats) but a necessary tool to prevent fraud by its supporters (Republicans). Now, nearly a year since Gov. Rick Perry put his signature on the “voter I.D.” law, it is still pitching and rolling in waves of court action

full story here.

Texas voter ID “pitching and rolling in waves of court action”


Before and after the passage of Senate Bill 14 by the Texas Legislature in 2011, the new voter identification legislation was labeled discriminatory by its opponents (Democrats) but a necessary tool to prevent fraud by its supporters (Republicans). Now, nearly a year since Gov. Rick Perry put his signature on the “voter I.D.” law, it is still pitching and rolling in waves of court action

full story here.