February 23, 2021

On March 2, the Supreme Court will hear arguments in Brnovich  v. Democratic National Committee.  The case asks whether two Arizona voting restrictions violate Section 2 of the Voting Rights Act.  Specifically, Arizona adopted provisions criminalizing non-fraudulent ballot collection and requiring all provisional ballots cast out of precinct to be discarded.  These policies have been shown to significantly disenfranchise minority voters, particularly Native American, Black, and Hispanic voters.  The case comes to the Court after the en banc Ninth Circuit held last year that the discriminatory policies violate Section 2 of the Voting Rights Act.  Arizona Attorney General Mark Brnovich and the Arizona Republican Party are asking the Supreme Court to overturn that decision.

Partner Jessica Ring Amunson will argue the case before the Court on behalf of Katie Hobbs, Arizona’s Secretary of State.  Secretary Hobbs, the state’s chief elections officer, has refused to defend Arizona’s challenged election policies, and has asked the Court to uphold the Ninth Circuit’s ruling below.  Dozens of voting rights organizations, state and local officials, business leaders, civil rights advocates, and scholars have filed amici briefs in support of the position advocated by Secretary Hobbs and the other Respondent in this case, the Democratic National Committee.

The firm team also includes Partners Sam Hirsch and Tassity Johnson and Associates Noah B. Bokat-Lindell, Elizabeth B. Deutsch, and Jonathan A. Langlinais.  The firm team has been supported by Senior Paralegal Cheryl Olson and Associate Manager of Docketing Services Tyler Edwards.

The case is being closely followed and has been reported in the media, including Reuters.