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BAKER v. PATAKI

Nos. 565, 1135, 1136, 1137, Dockets 94-2163, 94-2164, 94-2165, 94-2176.

85 F.3d 919 (1996)

Theodore BAKER, Raymond Strawder, Yohannes Jackson, Mark A. Simon and Malcolm Nelson, Plaintiffs, Milton Goodman, Anthony Canady, Tyrone Sanchez and Richard Jackson, Plaintiffs-Appellants, v. George E. PATAKI, Governor of the State of New York, and Philip Coombe, Acting Commissioner of the New York State Department of Correctional Services, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 30, 1996.

Attorney(s) appearing for the Case

Brett Dignam, New Haven, Connecticut (Deborah Archer, Richard Buery, Charlotte Burrows, David Gans, Suzanne Perry, law students, The Jerome N. Frank Legal Services Organization, New Haven, Connecticut, John S. Kiernan, Carl Riehl, Debevoise & Plimpton, New York City, of counsel), for Plaintiffs-Appellants.

John McConnell, Assistant Attorney General of the State of New York, Albany, New York (Dennis C. Vacco, Attorney General, Victoria A. Graffeo, Solicitor General, Peter H. Schiff, Deputy Solicitor General, Albany, New York, of counsel), for Defendants-Appellees.

Before NEWMAN, Chief Judge, and FEINBERG, MESKILL, KEARSE, MINER, MAHONEY, WALKER, McLAUGHLIN, JACOBS, and PARKER, Circuit Judges.

PER CURIAM:

This appeal was reheard in banc to consider the applicability of § 2 of the Voting Rights Act of 1965, Pub.L. No. 89-110, 79 Stat. 437, 437, as amended, 42 U.S.C. § 1973 (the "Voting Rights Act" or the "Act"), to New York Election Law § 5-106(2)-(5), which denies the franchise to incarcerated and paroled felons, particularly in light of the felon disenfranchisement provision of § 2 of the Fourteenth Amendment of the United States Constitution...

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