NORTHWEST AUSTIN MUN. UTIL. DIST. ONE v. MUKASEY

Civil Action No. 06-1384.

573 F.Supp.2d 221 (2008)

NORTHWEST AUSTIN MUNICIPAL UTILITY DISTRICT NUMBER ONE, Plaintiff, v. Michael B. MUKASEY, Attorney General of the United States, et al., Defendants.

United States District Court, District of Columbia.

September 4, 2008.


Attorney(s) appearing for the Case

Christian J. Ward, Gregory S. Coleman, Yetter & Warden, LLP, Austin, TX, Erik Scott Jaffe, Erik S. Jaffe, P.C., Washington, DC, for Plaintiff.

Thomas Christian Herren, Jr. Department of Justice Voting Section/Civil Rights Division, Seth P. Waxman Ariel B. Waldman Paul Reinherz Quitma Wolfson Wilmer Cutler Pickering Hale & Dorr, LLP Daniel A. Zibel Bredhoff & Kaiser, P.L.L.C. John Payton Wilmerhale Jon M. Greenbaum Lawyers' Committee for Civil Rights Under Law Michael J. Gottlieb Joseph E. Sandler Sachs, Greenbaum & Tayler Kristen M. Clarke NAACP Legal Defense & Educational Fund, Inc. Elliot M. Mincberg Judith Ellen Schaeffer People for the American Way Foundation Arthur B. Spitzer American Civil Liberties Union Michael J. Kator Kator, Parks & Weiser, PLLC Michael T. Kirkpatrick Public Citizen Litigation Group Washington, DC, Benjamin Jay Blustein, Miner, Barnhill & Galland, Chicago, IL, Dennis C. Hayes, National Association for the Advancement of Colored People, Baltimore, MD, Norman Jay Chachkin, Accord, NY, Debo P. Adegbile, Jenigh J. Garrett, Ryan P. Haygood, NAACP Legal Defense & Educational Fund, Inc., Samuel Spital, Holland & Knight, LLP, New York, NY, Nina Perales, Mexican American Legal Defense & Educational Fund, Inc., George Korbel, Jose Garza, Judith A. Sanders-Castro, Texas Riogrande Legal Aid, Inc., San Antonio, TX, J. Gerald Hebert, Alexandria, VA, Max Renea Hicks, Austin, TX, Moffatt Laughlin McDonald, American Civil Liberties Union Foundation, Inc., Atlanta, GA, for Defendants.

Paul March Smith, Jenner & Block LLP, Washington, DC, for Brennan Center for Justice at NYU School of Law.

Before FRIEDMAN and SULLIVAN, District Judges, and TATEL, Circuit Judge.


OPINION

DAVID S. TATEL, Circuit Judge:

Section 5 of the Voting Rights Act of 1965 prohibits "covered jurisdictions"— those states and political subdivisions with histories of racial discrimination in voting—from making any change in their voting procedures without first demonstrating to either the Attorney General or a three-judge panel of this court that the change "neither has the purpose nor will have the effect of denying or abridging...

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