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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)
Jul 20 2012Petition for a writ of certiorari filed. (Response due August 20, 2012)
Jul 20 2012Appendix of John Nix, et al. filed.
Aug 9 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.
Aug 15 2012Order extending time to file response to petition to and including September 19, 2012, for all respondents.
Aug 20 2012Brief amicus curiae of Cato Institute filed. VIDED.
Sep 17 2012Order further extending time to file response to petition to and including September 24, 2012.
Sep 19 2012Brief of respondents Intervenor respondents Joseph M. Tyson, et al. in opposition filed.
Sep 24 2012Brief of respondents Eric H. Holder, Jr., Attorney General in opposition filed.
Oct 9 2012Reply of petitioners John Nix, et al. filed.
Oct 10 2012DISTRIBUTED for Conference of October 26, 2012.
Oct 29 2012DISTRIBUTED for Conference of November 2, 2012.
Nov 5 2012DISTRIBUTED for Conference of November 9, 2012.
Nov 13 2012Petition DENIED.