TEXAS REDISTRICTING

While some have speculated about the possibility that the Supreme Court might use the appeal on the Texas interim maps to strike down section 5 of the Voting Rights Act, many legal observers regard another case quickly percolating through the system as a much more likely vehicle for the high court to revisit the issue.

That case, Shelby County, Alabama v. Holder, is set for oral argument before the D.C. Circuit Court of Appeals on January 19 - right in the middle of the Texas preclearance case (and, in fact, one of the judges in the preclearance case, Circuit Judge Thomas Griffith, also is one of the judges hearing the Shelby County appeal).

Back in late September, the trial court in Shelby County upheld the constitutionality of section 5 in a 120-page opinion that is required reading for anyone wanting to understand the issues (even if you disagree with Judge Bates’ outcome).  

Since then, the case has since been fast tracked for argument, and it’s been reported that Shelby County’s litigation costs are being pick up by the Project for Fair Representation, a conservative non-profit that according to its website “supports litigation that challenges racial and ethnic classifications and preferences.”

The case has drawn attention from other states, too, with Arizona, Alabama, and Georgia jumping in to file briefs supporting Shelby County.  Mississippi, New York, California, on the other hand, have filed briefs urging the court to uphold the continued constitutionality of section 5. 

If the Supreme Court doesn’t take up the issue before the Shelby County case gets to it, Shelby County well could be the case that puts the issue of the Voting Rights Act squarely before the Justices again, though it may not be until next term.

In addition to the Shelby County case, another section 5 challenge is being brought by voters in Kingston, North Carolina (funded through the Center for Individual Rights).  The State of Arizona also has filed suit challenging section 5, and Florida has raised the issue in connection with preclearance litigation.

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Here are the background documents for the Shelby County case:

Judge Bates’ opinion:

http://tinyurl.com/7nqb8bz

Opening brief of Shelby County on appeal:

http://tinyurl.com/79mspcy

Response brief of DOJ:

http://tinyurl.com/7kxx85x

Response brief of NAACP:

http://tinyurl.com/6s33a9d

Amicus brief of Alabama:

http://tinyurl.com/87jd3mx

Amicus brief of Mississippi, California, and New York:

http://tinyurl.com/d6yczac

Amicus brief of Arizona and Georgia:

http://tinyurl.com/7wg8lkw

Reply brief of Shelby County:

http://tinyurl.com/74yfo3z