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SOUTH CAROLINA v. U.S.

Civil Action No. 12-203 (BMK)(CKK)(JDB).

898 F.Supp.2d 30 (2012)

State of SOUTH CAROLINA, Plaintiff, v. UNITED STATES of America, and Eric Himpton Holder, Jr. in his official capacity as Attorney General of the United States, Defendants, and James Dubose, et al., Defendant-Intervenors.

United States District Court, District of Columbia.

October 10, 2012.

Attorney(s) appearing for the Case

Howard Christopher Bartolomucci, Paul Clement, Brian J. Field, David Zachary Hudson, Jeffrey M. Harris, Pro Hac, Vice, Michael H. McGinley, Bancroft PLLC, Washington, DC, H. Christopher Coates, Charleston, SC, Stephen V. Potenza, Bancroft PLLC, New York, NY, for Plaintiff.

Anna M. Baldwin, Bradley E. Heard, Bryan L. Sells, Catherine Meza, Richard Alan Dellheim, Erin Marie Velandy, Matthew Colangelo, U.S. Department of Justice, Washington, DC, for Defendants.

Arthur B. Spitzer, American Civil Liberties Union of the Nation's Capital, Washington, DC, Joseph Gerald Hebert, Alexandria, VA, Theodore A.B. McCombs, Sullivan & Cromwell LLP, New York, NY, for Defendant-Inte:"venors.

Before KAVANAUGH, Circuit Judge; KOLLAR-KOTELLY, District Judge; and BATES, District Judge.

MEMORANDUM OPINION

KAVANAUGH, Circuit Judge:

This case concerns South Carolina's new voter ID law, Act R54. The question presented is whether that new state law is lawful under the federal Voting Rights Act. As relevant here, Section 5 of the Voting Rights Act bars state laws that have either the purpose or the effect "of denying or abridging the right to vote on account of race or color." 42 U.S.C. § 1973c(a). The effects prong of Section 5 of the...

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