Johnson v. Ardoin

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

JAMILA JOHNSON, ET AL, CIVIL ACTION VERSUS KYLE ARDOIN, NO: 18-00625-BAJ-EWD In His Official Capacity As The Acting Secretary Of State Of Louisiana

ORDER On October 17, 2019, this Court stayed this action pending the U.S. Court of Appeals for the Fifth Circuit’s en banc review of Joseph Thomas, et al. v. Tate Reeves, et al., No. 19-60133, an appeal presenting the issue of whether statutory challenges under Section 2 of the Voting Rights Act, 52 U.S.C. § 10801 must be decided by a three-judge panel of the district court. On June 18, 2020, the Circuit Court issued its en banc opinion dismissing the Thomas appeal as moot, without addressing the three-judge panel issue. The Circuit Court’s concurring opinions, however, address the issue at length, with 6 judges taking the position that statutory challenges under Section 2 of the Voting Rights Act may be decided by a single district court judge, 5 judges taking the opposite position that such challenges require a three-judge panel, 4 judges expressing no opinion, and 2 judges abstaining. Compare Thomas v. Reeves, 961 F.3d 800, 801 (5th Cir. 2020) (Costa, J., concurring), with id. at 810 (Willett, J., concurring). The Circuit Court’s dismissal became final on September 16, 2020.

Finding that the circumstances justifying the original stay in this action no longer exist, IT IS ORDERED that the STAY IS LIFTED. IT IS FURTHER ORDERED that in light of the Circuit Court’s competing concurring opinions in Thomas, the parties shall SHOW CAUSE, if any exists, why the Court should not vacate its September 12, 2019 order denying Defendant Secretary of State Kyle Ardoin’s Motion for Certification of Order for Interlocutory Appeal (Doc. 100), and certify an interlocutory appeal on the three-judge panel issue. The parties shall file written submissions limited to 7 pages no later than Friday, October 9, 2020. IT IS FURTHER ORDERED that the deadline for Defendant and Third- Party Plaintiff Secretary of State Kyle Ardoin to file his opposition to Third-Party Defendants’ Motion to Dismiss Third-Party Complaint (Doc. 134) remains STAYED pending the Court’s decision whether to certify an interlocutory appeal in this matter.

Baton Rouge, Louisiana, this ate eC of September, 2020 , (AQ JUDGE BRIA KSON UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA