Washington felon disenfranchisement case decided by Ninth Circuit The Ninth Circuit has reversed a summary judgment against plaintiffs challenging Washington's felon disenfranchisement laws as being racially discriminatory in violation of the Voting Rights Act. See Farrakhan v. State of Washington, No. 01-35032. From the opinion:

As recognized by both the Supreme Court and our circuit, a Section 2 "totality of the circumstances" inquiry requires courts to consider how a challenged voting practice interacts with external factors such as "social and historical conditions" to result in denial of the right to vote on account of race or color. Thornburg v. Gingles, 478 U.S. 30, 47 (1986); see also Smith v. Salt River Project Agric. Improvement & Power Dist., 109 F.3d 586, 595-96 (9th Cir. 1997). Because a Section 2 analysis clearly requires that we consider factors external to the challenged voting mechanism itself, we hold that evidence of discrimination within the criminal justice system can be relevant to a Section 2 analysis. In light of the district court’s having improperly disregarded this evidence, combined with its assessment that Plaintiffs’ evidence of discrimination in Washington’s criminal justice system was "compelling," we reverse and remand for further proceedings.

California Supreme Court denies Petition for Review on circulator petition case The text: "Petitioners seek review of the Court of Appeal's denial of their petition for writ of mandate, and petitioners also seek immediate relief in the form of an order halting all preparations for a recall election. Noting that the superior court has scheduled a hearing for August 8, 2003, to consider petitioners' allegations of irregularities in the signature collection process for the recall, the Court of Appeal concluded that the trial court did not abuse its discretion in declining to stay the recall process pending the August 8 hearing. Having considered the matter, we deny the amended petition for review and request for immediate relief filed in this court July 24, 2003. George, C.J., and Brown, J., were absent and did not participate. "

-- 
Rick Hasen
Professor of Law and William M. Rains Fellow
Loyola Law School
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