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MEMPHIS A. PHILIP RANDOLPH INSTITUTE v. HARGETT

No. 20-6141.

2 F.4th 548 (2021)

MEMPHIS A. PHILIP RANDOLPH INSTITUTE; The Equity Alliance; Free Hearts; Memphis and West Tennessee AFL-CIO Central Labor Council; The Tennessee State Conference of the NAACP; Sekou Franklin, Plaintiffs-Appellees, v. Tre HARGETT, in his official capacity as Secretary of State of the State of Tennessee; Mark Goins, in his official capacity as Coordinator of Elections for the State of Tennessee; Amy P. Weirich, in her official capacity as District Attorney General for Shelby County, Tennessee, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 22, 2021.

Attorney(s) appearing for the Case

ARGUED: Matthew D. Cloutier , OFFICE OF THE TENNESSEE ATTORNEY GENERAL, Nashville, Tennessee, for Appellants. Danielle Lang , CAMPAIGN LEGAL CENTER, Washington, D.C., for Appellees. ON BRIEF: Matthew D. Cloutier , OFFICE OF THE TENNESSEE ATTORNEY GENERAL, Nashville, Tennessee, for Appellants. Danielle Lang , Jonathan Diaz , Molly Danahy , Ravi Doshi , Caleb Jackson , CAMPAIGN LEGAL CENTER, Washington, D.C., Ezra D. Rosenberg , LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW, Washington, D.C., for Appellees.

GIBBONS, J., delivered the opinion of the court in which READLER, J., joined. READLER, J. (pp. 561-64), delivered a separate concurring opinion. MOORE, J. (pp. 564-76), delivered a separate dissenting opinion.

OPINION

This is the third time these parties have appeared before this panel in a Tennessee election law dispute. This time, defendants appeal the district court's order granting plaintiffs a preliminary injunction enjoining the enforcement of a law preventing first-time voters from voting by mail. We...

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