COMMON CAUSE/GEORGIA v. BILLUPS

Nos. 07-14664, 08-10432.

554 F.3d 1340 (2009)

COMMON CAUSE/GEORGIA, et al., Plaintiffs, The National Association for the Advancement of Colored People (NAACP), Inc., through its Georgia State Conference of Branches, Eugene Taylor, Bertha Barrett Young, Plaintiffs-Appellants, v. Ms. Evon BILLUPS, Superintendent of Elections for the Board of Elections and Voter Registration for Floyd County and the City of Rome, Georgia, Ms. Tracy Brown, Superintendent of Elections of Bartow County, Georgia, Mr. Gary Petty, Member of the Board of Elections and Registration of Catoosa County, Georgia, Ms. Michelle Hudson, Member of the Board of Elections and Registration of Catoosa County, Georgia, Ms. Amanda Spencer, Member of the Board of Elections and Registration of Catoosa County, Georgia, Cathy Cox, Individually, Karen Handel, In her official capacity as Secretary of State of Georgia and Chair of the Georgia Elections Board, State Election Board, et al., Defendants-Appellees. Common Cause/Georgia, League of Women Voters of Georgia, Inc., The Central Presbyterian Outreach and Advocacy Center, Inc., Georgia Association of Black Elected Officials, Inc., The National Association for the Advancement of Colored People (NAACP), Inc. through its Georgia State Conference of Branches, Georgia Legislative Black Caucus Concerned Black Clergy of Metropolitan Atlanta, Inc., the following qualified and registered voters under Georgia law; Mrs. Clara Williams, Plaintiffs-Appellees-Cross-Appellants, National Council of Jewish Women, Inc., Appellee-Cross-Appellant, Eugene Taylor, Bertha Barrett Young, Plaintiffs-Appellees, Mr. Tony Watkins, et. al., Plaintiffs, v. Ms. Evon Billups, Superintendent of Elections for the Board of Elections and Voter Registration for Floyd County and the City of Rome, Georgia, et al., Defendants, State Election Board, Karen Handel, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 14, 2009.


Attorney(s) appearing for the Case

Emmet J. Bondurant, David G.H. Brackett, Jason JAmes Carter, Sarah M. Shalf, Bondurant, Mixson & Elmore, Lauren T. Estrin, Miles J. Alexander, Seth A. Cohen, Kilpatrick Stockton, LLP, Neil Bradley, Laughlin McDonald, Meredith Bell-Platts, ACLU Foundation, Inc., Atlanta, GA, Edward Hine, Jr., Hine & Twyman, PC, Rome, GA, Daniel B. Kohrman, AARP Foundation Lit., Washington, DC, for Plaintiffs-Appellants.

Mark H. Cohen, Troutman Sanders, Dennis R. Dunn, State of GA Law Dept., Anne Ware Lewis, Strickland, Brockinton, Lewis, LLP, Atlanta, GA, Christopher Lee Corbin, Farrar & Corbin, P.C., Summerville, GA, for Defendants-Appellees.

Sidney S. Rosdeitcher, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for Amicus Curiae.

Before BIRCH and PRYOR, Circuit Judges, and STROM, District Judge.


PRYOR, Circuit Judge:

This appeal concerns whether the legitimate interest of the government of safeguarding the exercise of a civil right is outweighed by a corresponding burden of that right. Although this appeal does not involve the right to travel, e.g., United States v. Guest, 383 U.S. 745, 758, 86 S.Ct. 1170, 1178, 16 L.Ed.2d 239 (1966), a burden of air travel in contemporary society provides an apt comparison. Before an...

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