Appellate Section
VOTING
-
United States v. New York Bd. of Elections (2d Cir.) -- Letter Brief as Appellee
- The district court was well within its discretion in denying the County intervention and that the new facts that arose following the United States’ motion to enforce did not establish that the County has a cognizable interest in the litigation or that the State cannot adequately represent those interests
-
Morales-Garza v. Lorenzo-Giguere (5th Cir.) -- Appellee
- The district court properly dismissed the case because Morales’ allegations were wholly insubstantial, did not to state a claim upon which relief may be granted, and failed to establish standing
-
United States v. Brown (5th Cir.) -- Appellee
- The district court’s finding of discriminatory intent is not clearly erroneous
- Defendants forfeited their arguments that the remedial order violates their constitutional rights by failing to raise them before the district court
- The remedial order’s requirements do not violate defendants’ First or Fourteenth Amendment rights
-
Harkless v. Brunner (6th Cir.) -- Amicus
-
The head of a state agency designated as a VRA is liable for NVRA violations resulting from failures by the agency’s local offices
-
Ohio’s secretary of state is a proper defendant in this action
-
United States v. Missouri (8th Cir.) -- Appellant
-
The district court erred in holding that the State of Missouri cannot be held liable for NVRA violations committed by its local election authorities
-
The district court abused its discretion in concluding that survey responses by Missouri’s local election authorities were inadmissible hearsay
-
The NVRA’s language, structure, and legislative history make clear that a State that assigns voter-registration duties for federal elections to its local election authorities will be liable if those local officials violate Section 8 of the NVRA
-
The State’s interpretation of 42 U.S.C. 1973gg-6(b), (c), & (d) directly conflicts with the NVRA’s language
-
The “plain statement” rule does not apply in construing the NVRA
-
The United States’ interpretation of the NVRA does not violate the anti-commandeering rule of New York v. United States
-
The United States is challenging, in its entirety, the district court’s finding of no liability, including its ruling that Missouri conducted a list-maintenance program in compliance with 42 U.S.C. 1973gg-6(a)(4)
-
The district court abused its discretion in excluding as hearsay the survey responses that Missouri used in preparing its report to the federal government
-
Northwest Austin Municipal Utility District No. 1 v. Gonzales (D.D.C.) -- Defendant
-
Plaintiff is not eligible to seek bailout under Section 4(a)
-
The 2006 reauthorization of Section 5 of the Voting Rights Act was a valid exercise of Congress’s authority to enforce the protections of the Fourteenth and Fifteenth Amendments
-
Plaintiff’s alleged as-applied challenge must fail because plaintiff has not identified any individual right transgressed by Section 5 coverage
-
Plaintiff mischaracterizes the Boerne test and the United States’ position
-
Large v. Fremont County (D. Wy.) -- Intervenor
-
The Supreme Court has previously rejected a similar constitutional challenge to Section 2 of the Voting Rights Act
-
Congress has broad powers to enact prophylactic and remedial legislation prohibiting some constitutional conduct when the legislation is congruent and proportional to the constitutional injury to be prevented or remedied
-
Section 2 is a valid exercise of Congress’s constitutional authority to enforce the Fourteenth and Fifteenth Amendments
-
Courts of appeals have rejected similar constitutional challenges to Section 2 of the Voting Rights Act
-
Muntaqim v. Coombe; Hayden v. Pataki (2d Cir.) -- Amicus
-
Section 2 of the Voting Rights Act does not apply to New York Election Law § 5-106(2)
-
Extending the Voting Rights Act to reach New York's felon disenfranchisement law,
which was not enacted with an invidious, racially discriminatory purpose, raises
serious constitutional questions
-
The clear statement rule precludes application of Section 2 to New York Election
Law § 5-106(2)
-
A statistical disparity alone, particularly in an area external to voting,
cannot establish vote denial on account of race as Section 2 requires
-
Bay County Democratic Party v. Land (6th Cir.) -- Amicus
-
Neither HAVA in general nor the provisional ballot provision in particular
may be enforced through private litigation
-
HAVA does not preempt precinct-based election systems
-
Sandusky County Democratic Party v. Blackwell (6th Cir.) -- Amicus
-
Neither HAVA in general nor the provisional ballot provision in particular
may be enforced through private litigation
-
HAVA does not preempt precinct-based election systems
-
United States v. Charleston County (4th Cir.) -- Appellee
-
The United States satisfied the three Gingles preconditions, establishing that
the at-large method of electing the Charleston County Council is presumed to
violate Section 2 of the Voting Rights Act
-
The district court correctly found under the totality of circumstances that the
Charleston County's at-large voting scheme violates Section 2 of the Voting
Rights Act
-
The district court correctly weighed the issue of causation in its totality
analysis and properly found that racially polarized voting patterns in
Charleston County could not be explained by partisanship
-
United States v. Blaine County (9th Cir.) -- Appellee
-
Section 2 of the Voting Rights Act is appropriate enforcement legislation
under the Fourteenth and Fifteenth Amendments to the Constitution
-
The county's at-large method of electing commissioners violates § 2
-
The district court did not abuse its discretion by relying on the United
States' expert testimony and exhibits
-
The panel correctly relied on the Supreme Court's summary affirmance in
Mississippi Republican v. Brooks
-
Section 2 does not require plaintiffs to produce evidence of intentional
discrimination
-
The panel properly assessed American Indian cohesion
-
The panel gave appropriate weight to county elections
-
Johnson v. Bush (11th Cir.) -- Amicus Curiae
-
District court correctly entered summary judgment for defendants on
plaintiffs' claim that the Florida constitutional provision that bars felons
from voting was discriminatorily motivated
-
District court correctly entered summary judgment for defendants on plaintiffs'
claim that the Florida constitutional provision that bars felons from voting
violates the results test of Section 2 of the Voting Rights Act, 42 U.S.C. 1973
-
Old Person v. Brown (9th Cir.) -- Amicus
-
District court erred in granting the defendants summary judgment on Section 2
claim on the ground that even if violation was shown no remedy should be
implemented until state redistricting process was completed
-
Johnson v. Hamrick (11th Cir.) -- Intervenor
-
Section 2 of the Voting Rights Act is valid legislation to enforce the
Fourteenth and Fifteenth Amendments
-
Defendants' challenge to the constitutionality of Section 2 of the Voting
Rights Act is barred by law of the case
-
Legarreta v. Nelson (5th Cir.) -- Amicus
-
Plaintiffs challenging failure to preclear election change under Section 5
of the Voting Rights Act need not allege that the change is motivated by
racial discrimination
-
District court should have empaneled a three-judge court to hear plaintiffs'
Section 5 claim
-
Singer v. City of Alabaster (Sup. Ct. Alabama) -- Amicus
-
When a proposed change affecting voting has not been precleared by the
Attorney General, city may not implement change and state court may not
review failure to preclear
-
Wilson v. Jones (11th Cir.) -- Appellant
-
Application of Holder v. Hall to court-ordered remedy to correct
violation of Section 2 of the Voting Rights Act
Browse Briefs by Category
Affirmative Action
Americans with Disabilities Act and Section 504
of the Rehabilitation Act
Civil Rights of Institutionalized Persons Act
Constitutionality of Federal Statutes
Criminal
Education
Employment Discrimination (Race, National Origin, Sex,
and Religion)
Freedom of Access to Clinic Entrances Act
Housing
Individuals with Disabilities Education Act
Religion Cases
Title VI of the Civil Rights Act of 1964
Voting
Other
Updated March 10, 2009
