The 9th circuit will hold an en banc hearing on September 21 in Farrakhan v Gregoire, 06-35669.  The case challenges Washington state’s ban on felon voting.  The original 9th circuit panel had ruled 2-1 that the federal Voting Rights Act does apply to state bans on felon and ex-felon voting rights.  The original 9th circuit panel had also found that Washington state’s criminal justice system does discriminate on the basis of race and ethnic origin.  Therefore, if the Voting Rights Act was meant to apply to this issue, the state ban on felon voting violates the Voting Rights Act.

A similar case from Massachusetts is pending in the U.S. Supreme Court.  It is Simmons v Galvin, 09-920.  The U.S. Supreme Court considered taking this case in May and at that time asked the Solicitor General of the United States to express an opinion.  It is possible the U.S. Supreme Court will decide whether or not to hear the Massachusetts case in October 2010, when the Court returns from summer recess.  Thanks to the Moritz election law site for this news.