The U.S. Supreme Court will hear oral arguments in Northwest Austin Municipal Utility District Number One v Holder, 08-322, on April 29. The Municipal Utility District that filed the lawsuit is in Texas. Therefore, it can’t change any of its voting procedures unless it asks the U.S. Justice Department, Voting Rights Section, for permission. The district, known usually by its acronym, NAMUDNO, argues two separate points: (1) section 5, which requires certain states and their political subdivisions to preclear election law and practice changes with the U.S. government violates their sovereignty; (2) notwithstanding that other argument, that at least NAMUDNO deserves the right to opt out of Justice Department supervision. The Voting Rights Act permits states with a 10-year record of no complaints on how it treats minority voters to “opt out” of section five preclearance. But the law seems not to permit small subdivisions of the state to opt out. No one has ever complained about NAMUDNO’s election practices, so NAMUDNO would like to opt out.
Organizations or individuals who have filed amicus curiae briefs against section 5 of the Voting Rights Act include the Governor of Georgia, the Center for Constitutional Litigation at the Goldwater Institute, several former Justice Department officials, the Pacific Legal Foundation, the Mountain States Legal Foundation, and the Southeast States Legal Foundation. The Governor of Alabama has filed an amicus brief that is in support of neither side.
Other election law cases pending in the U.S. Supreme Court are Citizens United v FEC, 08-205, which will be argued March 24, 2009; and Caperton v Massey Coal Company, argued March 3 and awaiting an opinion.