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Nix v. Holder

Petition for certiorari denied on November 12, 2012

Docket No. Op. Below Argument Opinion Vote Author Term
12-81 D.C. Cir. N/A N/A N/A N/A OT 2012

Issue: (1) Whether the 2006 version of Section 5 of the Voting Rights Act of 1965 exceeds Congress" enforcement powers under the Fourteenth and Fifteenth Amendments given that: (a) Congress retained a three-decade-old formula for selecting the jurisdictions that will be covered by the preclearance procedure; and (b) Congress significantly expanded the substantive standard for denying preclearance by abrogating two of the Court"s decisions that had narrowly construed it; (2) whether the Justice Department mooted petitioners" appeal when it unilaterally purported to "reconsider" and "withdraw" the particular preclearance objection that was injuring petitioners, but failed to demonstrate that Section 5 could not reasonably be expected to injure petitioners in the future.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
07/20/2012Petition for a writ of certiorari filed. (Response due August 20, 2012)
07/20/2012Appendix of John Nix, et al. filed.
08/09/2012Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Defendant- Intervenor respondents Joseph M.Tyson, et al.
08/15/2012Order extending time to file response to petition to and including September 19, 2012, for all respondents.
08/20/2012Brief amicus curiae of Cato Institute filed. VIDED.
09/17/2012Order further extending time to file response to petition to and including September 24, 2012.
09/19/2012Brief of respondents Intervenor respondents Joseph M. Tyson, et al. in opposition filed.
09/24/2012Brief of respondents Eric H. Holder, Jr., Attorney General in opposition filed.
10/09/2012Reply of petitioners John Nix, et al. filed.
10/10/2012DISTRIBUTED for Conference of October 26, 2012.
10/29/2012DISTRIBUTED for Conference of November 2, 2012.
11/05/2012DISTRIBUTED for Conference of November 9, 2012.
11/13/2012Petition DENIED.

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