On September 21, the 9th circuit held oral arguments in Farrakhan v Gregoire, 06-35669.  This was an en banc rehearing with eleven judges participating.  This article seems to feel the decision could go either way.  The issue is whether the federal Voting Rights Act can ever be used to overcome a state’s ban on ex-felons and felons voting.

The same issue is pending before the U.S. Supreme Court, in a case from Massachusetts called Simmons v Galvin.  The U.S. Supreme Court may wait for the 9th circuit opinion before it decides whether to hear the Massachusetts case.  If the en banc panel of the 9th circuit reaffirms the earlier decision of that circuit’s 3-judge panel, then there will be a split in the circuits.  The Massachusetts decision had been 2-1 against the idea that the Voting Rights Act can be used against state laws on ex-felon and felon voting.