Federal Judiciary

Court to rule on voting rights law, 3 other cases

By Akin Gump Supreme Court Practice Group

The Supreme Court on Friday took on the constitutional dispute over Congress’ 25-year extension of federal voting rights law’s provision requiring some states and local governments to get clearance in Washington before making any changes in election laws or methods. The Court accepted for review an appeal in Northwest Austin Municipal Utility District v. Mukasey (08-322).

The Court also agreed to hear three other cases, testing the rights of Americans to sue the present government of Iraq over abuses by the former regime of Saddam Hussein; the duty of local governments to carry out the results of employment tests even if they reduce job opportunities for minority workers; and the duty of states to fully fund English language instruction for students who lack those skills, the first case the Court has ever heard on the No Child Left Behind Act, a leading domestic policy initiative of the Bush Administration.

To access filings in these granted cases, click here.  The new cases are expected to be heard by the Court in the session starting April 20. In Friday’s orders, the Court speeded up the briefing schedule.

The Court’s review of the voting rights case will pose a major test of Congress’ authority to require close federal oversight of state and local election procedures, in the face of claims that times have changed so greatly since the law at issue was first adopted in 1965 that it is no longer justified under the Constitution.

The case actually involves two issues, and depending upon how the Court rules on one of them, it may not reach the ultimate question of constitutionality.  The local Texas government unit argues that it should be allowed to “bail out” from coverage by so-called Section 5, under a special exemption procedure the law includes.  If the Court were to rule that the utility district is entitled to such an exemption, the constitutional question might have to await some future case.

A three-judge District Court upheld the extension of Section 5’s pre-clearance procedure, and the utility district then exercised its right to appeal directly to the Supreme Court.  The Justices accepted jurisdiction on Friday. The Court had the option of acting without further briefing or argument, as the Justice Department had urged in calling on the Justices to uphold the lower court ruling, but the Justices chose instead to follow the usual review procedure.  Briefing is to be completed by late March, so the case is expected to be heard and decided during the current Court Term.

Full post as published by SCOTUSBLOG on January 09, 2009 (boomark / email).