AMERICAN CIVIL RIGHTS v. PHILADELPHIA CITY COM'RS

No. 16-3811.

872 F.3d 175 (2017)

AMERICAN CIVIL RIGHTS UNION, in Its individual and corporate capacities, Appellant v. PHILADELPHIA CITY COMMISSIONERS.

United States Court of Appeals, Third Circuit.

Opinion Filed: September 25, 2017.


Attorney(s) appearing for the Case

John C. Eastman [ARGUED], Center for Constitutional Jurisprudence, One University Drive, Orange, CA 92866, Linda A. Kerns , 1420 Locust Street, Suite 200, Philadelphia, PA 19102, Joseph A. Vanderhulst, Esq. , Public Interest Legal Foundation, 32 East Washington Street, Suite 1675, Indianapolis, IN 46204, Attorneys for Plaintiff-Appellant.

Kelly S. Diffily [ARGUED], Sozi Pedro Tulante , City of Philadelphia, Law Department, 17th Floor, 1515 Arch Street, One Parkway, Philadelphia, PA 19102, Benjamin H. Field , City of Philadelphia, Law Department, 1515 Arch Street, One Parkway, Philadelphia, PA 19102, Attorneys for Defendants-Appellees.

Ira M. Feinberg , Daryl L. Kleiman , Hogan Lovells US, 875 Third Avenue, New York, NY 10022, Sarah C. Marberg , Hogan Lovells, 555 Thirteenth Street, N.W., Columbia Square, Washington, DC 20004, Attorneys for Amicus Appellees Project Vote and Demos.

Before: McKEE, VANASKIE, and RENDELL, Circuit Judges.


OPINION OF THE COURT

The American Civil Rights Union ("ACRU") challenges the Philadelphia City Commissioners' failure to purge the city's voter rolls of registered voters who are currently incarcerated due to a felony conviction. Because state law prohibits felons from voting while they are in prison, the ACRU argues...

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