LULAC v. Barland

In February 2012, Advancement Project filed suit in U.S. District Court for the Eastern District of Wisconsin on behalf of an individual voter and four organizational plaintiffs, alleging that Wisconsin's photo ID law is racially discriminatory in violation of Section 2 of the federal Voting Rights Act.  In November 2013, Advancement Project and pro bono counsel Arnold & Porter conducted a two-week bench trial in the U.S. District Court for the Eastern District of Wisconsin on the Section 2 claims. This trial, along with a case tried at the same time filed by the ACLU, were the first challenges to a photo ID law under Section 2 since the Supreme Court's decision in Shelby County v. Holder.  At trial, plaintiffs’ evidence showed that Wisconsin's photo ID law would disproportionately disenfranchise or burden voters of color, who are far less likely to have the requisite ID and face greater hurdles in getting one. On April 29, 2014, U.S. District Judge Lynn Adelman struck down Wisconsin's photo ID law, agreeing that it violated Section 2 of the Voting Rights Act. A panel of the 7th Circuit Court of Appeals overturned Judge Lynn Adelman's decision in late September. However, the Supreme Court granted a stay on their ruling in October due to the narrow proximity to Election Day, blocking the law from affecting the 2014 midterm election. On January 7th, the Advancement Project and Co-Counsel filed a petition for a Writ of Certiorari to the United States Supreme Court. Despite receiving a record number of amicus briefs from national African-American and Latino elected officials and civil rights groups, as well as from groups representing women, Millennial voters, and persons with disabilities, on March 23, 2015, the Supreme Court denied jurisdiction and refused to hear our case the merits.

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