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

By Douglas A. Berman

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.

Full post as published by Sentencing Law and Policy on April 28, 2010 (boomark / email).