Search for: "Fifteenth District Court"
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30 May, 2008 12:28 pm
... rights rulngs in years, the decision came in the case of Northwest Austin Municipal Utility District No. One v. Mukasey (District Court docket 06-1384) - a case that produced a huge paper record. The ruling can be ... in 1966, upholding
the original version of the law - that is, did Congress have a rational basis for passing the extension to enforce the Fifteenth Amendment ban
on racial discrimination in voting. Second, it upheld the law by applying the stricter standard articulated by the Supreme ...
25 Apr 6:43 am
... history of voting discrimination to obtain federal preclearance, from either the Justice Department or the U.S. District Court for the District of Columbia, before implementing any change in a voting practice or procedure. Preclearance
is obtained by ... "congruent and proportional" to the constitutional right being protected. Section 5, however, was enacted principally to enforce the Fifteenth Amendment and, as argued in briefs filed by the Justice Department, the Lawyers' Committee, and the ACLU, ...
9 Sep, 2008 12:35 am
... Court to curb Congress' powers to enforce the voting rights declared by the Constitution's Fifteenth Amendment, a public utility district in Texas on Monday filed a sweeping challenge to the
constitutionality of the extension of the federal Voting Rights Act's ... " provision in the law that permits a covered governmental entity to gain an exemption from the pre-clearance
procedure. The District Court, however, ruled that the Austin unit is not eligible for a ballout. If
the Supreme Court were to ...
9 Jan 10:31 am
... that conditions remain similarly dire despite overwhelming evidence to the contrary." In constitutional terms, a key question in the case is what test the Court will apply in deciding whether the law goes beyond Congress's legislative authority. The Texas district urges
... laws to enforce the Fourteenth Amendment. The new case is largely a test under the Fifteenth Amendment, which extended voting rights to
minority citizens. The District Court said the law is valid, whatever test is applied to its ...
23 Jan 11:21 am
... . In NAMUDNO, the Court will decide whether the plaintiff-appellant, a small municipal utility district in Texas (the "MUD") is eligible to "bail out" of Section 5 coverage, thereby terminating its responsibility to submit voting changes for
preclearance. Assuming that ... and Tennessee v. Lane, 541 U.S. 509 (2001), respectively. In addition, the Court has consistently subjected
legislation enacted under Congress's Fifteenth Amendment enforcement power to much less stringent review, requiring that ...
19 May 8:45 am
The Supreme Court's Term ends every June with a bang. Last summer's blockbuster was District of
Columbia v. Heller, where the Court found, 220 years after ratification, that the Second Amendment protected an individual's right to bear
arms. ... went unheeded. Throughout the argument, these Justices flatly ignored the text and history of the Fourteenth and Fifteenth
Amendments, acting as if the Court's role was to decide whether Congress was right to renew the Voting Rights Act's ban on racial ...
29 Jun 8:50 am
... procedures might be beyond Congress's powers to enforce the Fifteenth Amendment. Instead it resolved the case by reading the statute to
allow the municipal utility district to get out from under the requirements of section 5's preclearance ... be preserved over time; they
symbolize important values that Americans now associate with their Constitution. The Court's legitimacy as an institution comes in part from
respecting the boundaries of the constitutional tradition as the public understands them. ...
9 Mar 11:03 am
... in which race no longer matters - a goal that the Fourteenth and Fifteenth Amendments embody, and to which the Nation continues to
aspire.'" Kennedy, citing precedent, continued that if the court were to interpret the voting rights law "to require ... This is incorrect as a
factual matter if the statutory phrase is given its natural meaning; minority voters in districts with minority populations under 50% routinely 'elect representatives of their
choice.' The effects of the plurality's unwillingness ...
9 Dec, 2007 4:00 pm
... No. 1:06-cv-01284-PLF (D.D.C. Aug. 4, 2006). The plaintiff in the case, a Texas utility district covered by section 5 of the VRA, argues
that the requirement that it obtain federal preclearance for changes to its election practices is not ... to current voting rights problems â and therefore that it exceeds Congress's
enforcement powers under the Fourteenth and Fifteenth Amendments.The Justice Department and defendant-intervenors argue that section 5 is a
valid exercise of Congress's enforcement ...
22 Jun 10:13 am
... and divisively. The model of judicial decision making suggests that a majority of the Supreme Court is willing to give Congress some
measure of breathing room in exercising its authority to enforce the Fifteenth Amendment. The opinion does not resolve the debate over the
breadth of ... notes (at 1 & 5) that "there has never been any evidence of racial discrimination in voting in the district." A more modest
amendment to Section 5 would have a less-certain future. Congress could direct that any ...
9 Sep, 2008 2:01 am
SCOTUSblog reports: Urging the Supreme Court to curb Congress powers to enforce the voting rights declared by the Constitutions
Fifteenth Amendment, a public utility district in Texas on Monday filed a sweeping challenge to the
constitutionality of the extension of...
25 Apr 3:21 am
... adopt a single constitutional test by which to measure Congress' efforts to enforce both the Fourteenth and Fifteenth Amendments. While the
District Court had required only a "rational basis" for the Act under the Fifteenth Amendment, ... there is any vulnerability in Congress' work it could be the basis for defining what jurisdictions are covered, which, as the Utility
District pointed out in its appeal, is keyed to "data from the 1972 presidential election or earlier." It is unclear how the Court ...
25 Feb, 2007 12:23 am
Besides Cheryl Higgins in Albemarle, on Friday, the General Assembly approved two for general district court and one for juvenile court: Paul W. Cella, of Powhatan, as a judge of the Eleventh Judicial District for a term of six years commencing August 1, 2007. Sarah L. Deneke, of Stafford, as a judge of the Fifteenth Judicial District for a term of six years commencing April 1, 2007. Phillip U. Fines, of Spotsylvania, as
a judge of the Fifteenth ...
10 Jan 1:52 am
... localities wish to change their voting procedures or practices, they must institute an action in the United States District Court for the District of Columbia for a declaratory judgment that such qualification, prerequisite, standard,
practice, or procedure does not have the purpose ... therefore is not eligible for §4 relief, (2) the rational-basis test is the appropriate test for concerns under the fifteenth amendment and §5 satisfies said test, and finally (3) §5 also passes the more stringent ...
4 Jun, 2008 7:31 am
... v. Sims to City of Mobile v. Bolden: Have the White Suburbs Commandeered the Fifteenth Amendment?, 34 Hast. L.J. 1 (1982)), but has written
... Alabama law is. And while I don't want to revisit the merits of the Supreme Court's decision in Riley, it's also worth pointing out that
Rick - not ... advance. Rick writes the following with respect to the now-reversed decision by the three-judge district court to require Alabama to preclear the use of gubernatorial appointment to fill vacancies on the Mobile ...
26 Nov, 2008 10:05 pm
... ' power under either the Fourteenth or Fifteenth Amendments. The Solicitor General argued on Wednesday that "the constitutionality and
scope of Section 5 of the VRA is undeniably important, but the three-judge district court's
unanimous, correct and ... form, the Court cannot dispose of it by simply declining review; it will take the votes of five Justices to dispose
of it finally. The Court has the option of "noting jurisdiction" and giving the case full review, or it can affirm the District Court ...
25 Oct 5:35 pm
... "dismissed without prejudice.' That does not bar its renewal at a later point, but it clears it away for the time being. If the District
Court approves the consent decree, that will be binding only on those involved in this specific case. If another jurisdiction is chafing ...
nullification of the entire scheme under Section 5 so that it can make future election changes as it wishes - provided it does so without discrimination that could be challenged in
court, perhaps under the Fifteenth Amendment.
9 Jun, 2008 1:04 am
... Act's renewal do not plan to try to block a May 30 decision by a three-judge District Court
upholding the law's extension until 2032. Given ... still controls, when Congress has acted to deal with racial discrimination in voting under the Fifteenth Amendment's guarantee of race equality at the ballot box. Applying that test, and ... down under the Boerne approach. (Note to readers: This blog
carried a lengthy post on the District Court ruling on May 30; it can be read here. The post provides
a link to ...
27 Jan 10:33 am
... Rule 83.3 in the record companies' Petition For A Writ Of Mandamus Or Prohibition (at page 9) to the Massachusetts Federal District
Court Local Rules (at page 74) appears to show several discrepancies, such as missing or misplaced commas, " ... . This prohibition shall apply
specifically but shall not be limited to the second, third, ninth, eleventh, twelfth, thirteenth, fifteenth, sixteenth, eighteenth, nineteenth
and twentieth floors of the John W. McCormack Post Office and Courthouse Building in ...
31 Aug 3:23 am
... a RICO case, Judge Surrick's opinion is the second recent decision in which a district court
granted a motion to dismiss in a subprime-related securities class action lawsuit on ... damages of over $7 billion filed a purported class action lawsuit in the Northern
District of Texas against former Stanford Financial outside counsel Thomas Sjoblum and ... and December 1, 2009, I will be co-Chairing the
American Conference Institute's Fifteenth Annual Advanced Forum on D&O Liability, in New York City. ...
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