The 9th Circuit Court of Appeals will rehear en banc Farrakhan v. Gregoire, a case decided early in 2010 on whether Section 2 of the Voting Rights Act prempts Washington's felon disenfranchisement rules. In January, the 9th Circuit reversed the district court's summary judgment, holding that Washington's criminal justice practices "disproportionately affect minorities beyond what can be explained by non-racial means" and that Washington’s felon disenfranchisement lawdoes in fact violate § 2 of the VRA.
A decision in the case, scheduled for September, has implications for the 9 states under their jurisdiction, including California.
The Equal Justice Society (EJS), the Lawyers’ Committee for Civil Rights, Legal Services for Prisoners with Children, and American Parole and Probation Association have submitted an amicus brief in support of the plaintiff.
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