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TENNESSEE STATE CONFERENCE OF NAACP v. HARGETT

No. 21-6024.

53 F.4th 406 (2022)

TENNESSEE STATE CONFERENCE OF the NAACP; Democracy Nashville-Democratic Communities; Equity Alliance; Andrew Goodman Foundation; League of Women Voters of Tennessee; League of Women Voters of Tennessee Education Fund; American Muslim Advisory Council; Mid-South Peace & Justice Center; Memphis Central Labor Council; Rock the Vote; HeadCount, Plaintiffs-Appellees, v. Tre HARGETT, in his official capacity as Secretary of State of Tennessee; Mark Goins; in his official capacity as Coordinator of Elections for the State of Tennessee; Tennessee State Election Commission; Donna Barrett, Judy Blackburn, Mike McDonald, Gregory Duckett, Jimmy Wallace, Tom Wheeler, and Kent Younce, in their official capacities as members of the State Election Commission, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 16, 2022.

Attorney(s) appearing for the Case

ARGUED: Matthew D. Cloutier , OFFICE OF THE TENNESSEE ATTORNEY GENERAL, Nashville, Tennessee, for Appellants. Pooja Chaudhuri , LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW, Washington, D.C., for Appellees Tennessee State Conference of the NAACP, et al. David M. Rosborough , AMERICAN CIVIL LIBERTIES UNION FOUNDATION, New York, New York, for Appellees League of Women Voters of Tennessee, et al. ON BRIEF: Matthew D. Cloutier , Janet M. Kleinfelter , Alexander S. Rieger , OFFICE OF THE TENNESSEE ATTORNEY GENERAL, Nashville, Tennessee, for Appellants. Pooja Chaudhuri , Ezra D. Rosenberg , LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW, Washington, D.C., Ira M. Feinberg , HOGAN LOVELLS US LLP, New York, New York, Taylor A. Cates , BURCH, PORTER & JOHNSON, PLLC, Memphis, Tennessee, Yael Bromberg , BROMBERG LAW LLC, New York, New York, for Appellees Tennessee State Conference of the NAACP, et al. David M. Rosborough , Sophia Lin Lakin , AMERICAN CIVIL LIBERTIES UNION FOUNDATION, New York, New York, Stella Yarbrough , ACLU FOUNDATION OF TENNESSEE, Nashville, Tennessee, Danielle Lang , Molly E. Danahy , CAMPAIGN LEGAL CENTER, New York, New York, Michelle Kanter Cohen , FAIR ELECTIONS CENTER, Washington, D.C., William H. Harbison , Hunter C. Branstetter , SHERRARD ROE VOIGT & HARBISON, Nashville, Tennessee, for Appellees League of Women Voters of Tennessee, et al.

KETHLEDGE, J., delivered the opinion of the court in which BUSH, J., joined. NALBANDIAN, J. (pp. 411-14), delivered a separate dissenting opinion.

OPINION

In this case the district court issued a preliminary injunction that, for purposes of litigation in the district court, was final in all but name. Seven months later, the Tennessee legislature repealed the statutory provisions that the district court had enjoined, thereby rendering the case moot. We hold...

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