[EL] The New Vote Denial - update?

[Justin Levitt]

That's the only _successful_ section 2 case that I'm aware of, after 
2006, involving something other than districting or an at-large 
structure (the case is on Westlaw, but it wasn't officially reported).   
There are likely such cases that have been brought that haven't 
succeeded.  (And I'll emphasize again that there may be other successful 
section 2 cases I don't know of).

It's also worth noting that section 2 cases require a substantial amount 
of evidentiary fact-gathering (something I mentioned in responses to 
Sen. Franken, here 
<http://redistricting.lls.edu/files/_%20Levitt%20responses%20to%20Franken%20QFRs.pdf>). 
There are likely cases in which section 2 is one of several causes of 
action that have been pled in a complaint, but where litigation is 
resolved on a faster track (perhaps, for example, on a request for 
preliminary injunction) under other causes of action.   I know, 
anecdotally, that Wash. Assn of Churches v. Reed, 492 F.Supp.2d 1264 
(W.D. Wash. 2006) is an example ... but because there was no request for 
preliminary injunctive relief under section 2 (because it would have 
taken far too long to develop the relevant facts to prevail), I didn't 
include the case in my survey.

Justin

On 9/3/2013 9:47 AM, Rick Hasen wrote:
> From your list, it looks like there has been only one reported section 
> 2 case involving something other than districting (both redistricting 
> and at large elections):
>
>     A suit brought in 2012 against inequitable early voting
>     availability in Shannon
>     County, South Dakota, which is entirely within the boundaries of
>     the Pine
>     Ridge Indian Reservation.40 Early voting is statutorily required
>     for 46 days
>     before election day; in most counties, voters are able to use
>     early voting at
>     their county courthouse, but officials planned to make early
>     voting available
>     within Shannon County (which has no courthouse) for only six days.
>     On all
>     other days, Shannon County citizens would have to travel to Fall River
>     County, which is up to 2 hours and 45 minutes away, in order to
>     vote. After
>     the suit was brought, the state committed to a full period of
>     voting in Shannon
>     County.
>
> On 9/3/2013 9:37 AM, Justin Levitt wrote:
>> I can't call it an update to Dan's magnificent piece, but after the 
>> Congressional VRA hearings this summer, Sen. Grassley asked me for 
>> incidents since 2006. I compiled nine categories of incidents, 
>> including successful section 2 litigation -- and though I don't 
>> pretend that my list was comprehensive (not all section 2 cases 
>> result in reported decisions, for example -- and though I tried to 
>> look beyond reported decisions, I don't know whether I got them all), 
>> it may nevertheless be useful.  My starting point was anything more 
>> recent than the VRARA's signing date (July 27, 2006).
>>
>> My responses to Senator Grassley's questions are here 
>> <http://redistricting.lls.edu/files/_%20Levitt%20responses%20to%20Grassley%20QFRs.pdf>; 
>> the particular response to the question about incidents starts on p. 
>> 6, and the section 2 cases start on p. 19.
>>
>> Justin
>> -- 
>> Justin Levitt
>> Associate Professor of Law
>> Loyola Law School | Los Angeles
>> 919 Albany St.
>> Los Angeles, CA  90015
>> 213-736-7417
>> justin.levitt at lls.edu
>> ssrn.com/author=698321
>> On 9/2/2013 4:43 PM, Rick Hasen wrote:
>>> Has anyone done an update to Dan Tokaji's excellent 2006 piece, The 
>>> New Vote Denial? 
>>> <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=896786>
>>> I'm specifically looking for any survey of the results of VRA 
>>> section 2 litigation outside the context of redistricting since 2006.
>>> Thanks
>>> -- 
>>> Rick Hasen
>>> Chancellor's Professor of Law and Political Science
>>> UC Irvine School of Law
>>> 401 E. Peltason Dr., Suite 1000
>>> Irvine, CA 92697-8000
>>> 949.824.3072 - office
>>> 949.824.0495 - fax
>>> rhasen at law.uci.edu
>>> http://www.law.uci.edu/faculty/full-time/hasen/
>>> http://electionlawblog.org
>>>
>>>
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>>
>>
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>
> -- 
> Rick Hasen
> Chancellor's Professor of Law and Political Science
> UC Irvine School of Law
> 401 E. Peltason Dr., Suite 1000
> Irvine, CA 92697-8000
> 949.824.3072 - office
> 949.824.0495 - fax
> rhasen at law.uci.edu
> hhttp://www.law.uci.edu/faculty/full-time/hasen/
> http://electionlawblog.org

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