Petition of the day
The petition of the day is:
Nix v. Holder
Issue(s): (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.
Certiorari stage documents:
Recommended Citation: Ben Cheng, Petition of the day, SCOTUSblog (Sep. 20, 2012, 11:15 PM), http://www.scotusblog.com/2012/09/petition-of-the-day-339/