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Fri Jul 29, 2016, 01:02 PM

Breaking: Partially Divided 4th Circuit Strikes NC Strict Voting Law, Finds Discriminatory Intent

Breaking and Analysis: Partially Divided 4th Circuit Strikes NC Strict Voting Law, Finds Discriminatory Intent
Posted on July 29, 2016 9:14 am by Rick Hasen

A partially divided panel of 4th Circuit judges reversed a massive trial court opinion which had rejected a number of constitutional and Voting Rights Act challenges to North Carolina’s strict voting law, a law I had said was the largest collection of voting rollbacks contained in a single law that I could find since the 1965 passage of the Voting Rights Act. The key part of the holding is that North Carolina acted with racially discriminatory intent, a finding which not only can doom the entire law, but also can provide the basis for putting North Carolina back under federal supervision for up to 10 years for its voting laws. Given that the trial court was extremely skeptical of the case against NC’s voter id law as a whole, this will be a very interesting case to watch on remand.

This decision is the third voting rights win in two weeks: first in Wisconsin, where a federal district court recently softened the state’s strict voter id law (an issue now on appeal to the Seventh Circuit), and then in Texas, where the en banc 5th circuit not only ordered the trial court to fashion such softening, but it also opened the door to a finding of discriminatory intent, which can put Texas under federal supervision as well.

Here are some more detailed thoughts on the 4th Circuit opinion:

http://electionlawblog.org/?p=84702

4 replies, 1026 views

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Reply Breaking: Partially Divided 4th Circuit Strikes NC Strict Voting Law, Finds Discriminatory Intent (Original post)
kpete Jul 2016 OP
MattP Jul 2016 #1
PJMcK Jul 2016 #3
Dustlawyer Jul 2016 #2
lindysalsagal Jul 2016 #4

Response to kpete (Original post)

Fri Jul 29, 2016, 01:07 PM

1. I thought it was 3-0?

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Response to MattP (Reply #1)

Fri Jul 29, 2016, 01:18 PM

3. The decision had several components

The headline is slightly misleading and the writer doesn't clarify the judges' vote. I went to the decision and here's a quote that clears up the confusion:

Judge Motz wrote the opinion for the court, in which Judge Wynn and Judge Floyd joined except as to Part V.B. Judge Wynn wrote the opinion for the court as to Part V.B., in which Judge Floyd joined. Judge Motz wrote a separate dissenting opinion as to Part V.B.


Have a great weekend, MattP.

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Response to kpete (Original post)

Fri Jul 29, 2016, 01:09 PM

2. In Texas we can only hope they put us back under

Supervision!

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Response to kpete (Original post)

Fri Jul 29, 2016, 02:01 PM

4. This is because the senate and president can seat liberals in courts at all levels

This decision is the third voting rights win in two weeks: first in Wisconsin, where a federal district court recently softened the state’s strict voter id law and then in Texas,


For anyone who still thinks their pissy-party about Bernie still matters more than anything else, remember that if fRump wins, he seats lots of judges in cluding SCOTUS.

We can't have free elections unless dems hold the presidency and senate.

There's so much more on the line than one candidate.

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