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NC STATE CONFERENCE OF NAACP v. RAYMOND

No. 20-1092.

981 F.3d 295 (2020)

NORTH CAROLINA STATE CONFERENCE OF THE NAACP; Chapel Hill-carrboro NAACP; Greensboro NAACP; High Point NAACP; Moore County NAACP; Stokes County Branch of the NAACP; Winston Salem — Forsyth County NAACP, Plaintiffs-Appellees, v. Ken RAYMOND, in his official capacity as a member of the North Carolina State Board of Elections; Stella E. Anderson, in her official capacity as Secretary of the North Carolina State Board of Elections; Damon Circosta, in his official capacity as Chair of the North Carolina State Board of Elections; Jefferson Carmon, in his official capacity as a member of the North Carolina State Board of Elections; David C. Black, in his official capacity as a member of the North Carolina State Board of Elections, Defendants-Appellants, Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, and Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives, Intervenors. Democracy North Carolina; Roy Cooper; National Redistricting Foundation, Amici Supporting Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: December 2, 2020.

Attorney(s) appearing for the Case

ARGUED: Olga E.V. de Brito , NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellants. David Henry Thompson , COOPER & KIRK PLLC, Washington, D.C., for Intervenors. John Charles Ulin , TROYGOULD PC, Los Angeles, California, for Appellees. ON BRIEF: Joshua H. Stein , Attorney General, Paul M. Cox , Special Deputy Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellants. Irving Joyner , Cary, North Carolina; Penda D. Hair , Washington, D.C., Caitlin A. Swain , Kathleen Roblez , FORWARD JUSTICE, Durham, North Carolina; Andrew T. Tutt , James W. Cooper , Jeremy C. Karpatkin , Stephen K. Wirth , Jacob Zionce , Thomas La Voy , ARNOLD & PORTER KAYE SCHOLER LLP, Washington, D.C., for Appellees. Peter A. Patterson , Nicole J. Moss , COOPER & KIRK PLLC, Washington, D.C.; Nathan A. Huff , PHELPS DUNBAR LLP, Raleigh, North Carolina, for Intervenors. Marc E. Elias , Aria C. Branch , Washington, D.C., Abha Khanna , PERKINS COIE LLP, Seattle, Washington, for Amicus National Redistricting Foundation. Sean Morales-Doyle , Myrna Pérez , NYU SCHOOL OF LAW, New York, New York; Nathaniel B. Edmonds , Washington, D.C., Aaron Charfoos , Chicago, Illinois, Jane H. Yoon , New York, New York, Steven A. Marenberg , PAUL HASTINGS LLP, Los Angeles, California, for Amicus Democracy North Carolina. Robert E. Harrington , Adam K. Doerr , Erik R. Zimmerman , Travis S. Hinman , ROBINSON, BRADSHAW & HINSON, P.A., Charlotte, North Carolina, for Amicus Governor Roy Cooper.

Reversed by published opinion. Judge Richardson wrote the opinion, in which Judge Harris and Judge Quattlebaum joined.

This case challenges the constitutionality of a 2018 North Carolina law requiring voters to present photographic identification ("2018 Voter-ID Law"). This law was passed after this Court found that North Carolina acted with racially discriminatory intent in enacting a 2013 omnibus voting law ("2013 Omnibus Law"), which...

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