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April 28, 2010

Ninth Circuit to review en banc whether Washington's disenfranchisement of felons violates the VRA

As detailed in this prior post, back in January a split Ninth Circuit panel in Farrakhan v. Gregoire, No. 06-35669 (9th Cir. Jan. 5, 2010) (available here), ruled that Washington's felon disenfranchisement law violates the federal Voting Rights Act.  At the time of the opinion, I opined that this was "a ruling that surely will not be the last word on the topic," and I felt "confident predicting that this notable and important ruling will be subject to en banc review by the Ninth Circuit and/or to Supreme Court review."  As detailed in this order, today the Ninth Circuit made me a prognostic savant by formally ordering that Farrakhan v. Gregoire be reheard en banc.

April 28, 2010 at 07:43 PM | Permalink

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Comments

I wonder what Justice Sotomayor thinks.

Posted by: federalist | Apr 28, 2010 10:00:15 PM

An interesting tidbit here is that the Washington AG did not petition for rehearing en banc. He was going to go directly for certiorari. The court sua sponte called for briefing on whether to take the case en banc.

Posted by: Kent Scheidegger | Apr 29, 2010 1:34:27 PM

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