A noteworthy sidelight to the Ninth Circuit's en banc recall decision involves an important felon-disfranchisement case under the Voting Rights Act.  A Ninth Circuit panel overturned the summary judgment dismissal of the claim that felon-disfranchisement provisions which have a racially-disparate impact, combined with proof of racial discrimination in the criminal justice system, could state a valid cause of action under Sec. 2 of the VRA.  An en banc petition is pending in the Farrakhan case.  This case, along with another important Ninth Circuit case on Sec. 2, Salt River, was discussed a fair amount at the en banc oral argument.  Yet there is no reference to Farrakhan in the en banc decision, while Salt River is indeed cited.  Perhaps this is reading too much into silence, but I take that to mean there is at least some movement to re-hear Farrakhan en banc.   If so, that would make it the most important case on felon-disfranchisement under the VRA since the en banc Second Circuit divided evenly on the question in 1996.



Rick Pildes
Professor of Law, New York University School of Law
40 Washington Sq. South
Room 322-B
New York, NY 10012-1099
also reachable at:  rick.pildes@nyu.edu
o:  212 998-6377
fax:  212 995-4341
http://www.law.nyu.edu/faculty/profiles/bios/pildesr_bio.html