[EL] message from Michael Solimine re Arizona tries to topple sec. 5 of voting rights act

Rick Hasen rhasen at law.uci.edu
Fri Aug 26 10:41:55 PDT 2011


-----Original Message-----
From: Solimine, Michael (solimime)
Sent: Friday, August 26, 2011 12:44 PM
To: 'law-election at uci.edu'
Subject: FW: [EL] Arizona tries to topple sec. 5 of voting rights act

I have a question about the proper court to hear challenges to section 5 
of the Voting Rights Act. The complaint described in the message below 
is filed in the D.D.C., and Arizona requests that a three-judge district 
court be convened to hear this constitutional challenge. This is the 
correct venue, so far as I can tell, see, e.g., NAMUDNO v. Holder. 
Perhaps I'm missing something obvious, but the puzzle is that other 
constitutional attacks pending in the D.D.C., as best as I can tell, are 
not before a three-judge district court. The LaRoque (recently decided 
on standing grounds in the D.C. Cir.) and Shelby County cases are 
apparently not before three-judge districts courts, with any decision 
appealable only to the Supreme Court. Any insights are appreciated.

Michael Solimine


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