Subject: Re: jurisdiction if VRA section 5 constitutionality is challenged
From: Rick Hasen
Date: 7/27/2006, 9:36 AM
To: Brian Landsberg
CC: election-law@majordomo.lls.edu

I would think that it would be possible to at least bring a declaratory judgment now, seeking to enjoin enforcement of the law as amended.

Brian Landsberg wrote: 
The responses to your questions have addressed the where but not the
when question.  Since the Act, before being amended, did not sunset
until next year, wouldn't challenges have to wait until that sun has
set?

  
Rick Hasen <rick.hasen@lls.edu> 7/26/2006 9:27:45 PM >>>
        
If someone files a lawsuit challenging the constitutionality of the 
renewed section 5 (or other provision, such as section 203), would the

case be filed before a three-judge court?  Or would it go through a 
normal district court- court of appeal-cert to Supreme Court process? 

Is there anything in the Act that speaks to jurisdiction?  If there is
a 
choice of where to file, any thinking on where and when such a
challenge 
would be filed?

  

-- 
Rick Hasen
William H. Hannon Distinguished Professor of Law
Loyola Law School
919 Albany Street
Los Angeles, CA  90015-1211
(213)736-1466
(213)380-3769 - fax
rick.hasen@lls.edu
http://www.lls.edu/academics/faculty/hasen.html
http://electionlawblog.org