Last Updated: January 17, 2013 at 10:45 AM
South Carolina v. United States
Case Information
Date Filed: February 7, 2012
State: South Carolina
Issues: Voting Rights Act, Voter ID
Current Court: U.S. District Court for the District of Columbia (Case 1:12-cv-00203)
Issue:
Whether the US Justice Department properly denied preclearance to South Carolina's Voter ID law under Section 5 of the Voting Rights Act
Status:
Complaint filed 2/7/12. Answer filed 4/9/12. Trial set to begin 8/27/12. Opinion delaying implementation of Voter ID law until after 2012 election issued 10/10/12. Order Finding South Carolina Entitled to Costs with Certain Items Excluded filed 1/4/13.
District Court Documents
- Complaint
(filed 2/7/12) - Motion to Intervene
(filed 2/24/12) - Attorney General's Response to Motion to Intervene
(filed 3/09/12) - Order Adopting Motion to Intervene
(filed 3/20/12) - Answer of Defendant-Intervenors
(filed 3/20/12) - League of Women Voters' Motion to Intervene
(filed 3/27/12) - Motion to Intervene
(filed 3/30/12) - Order Granting Motion to Intervene
(filed 4/04/12) - Answer to Complaint for Declaratory Judgment
(filed 4/04/12) - Answer to Complaint for Declaratory Judgment
(filed 4/04/12) - Answer of Defendant U.S.
(filed 4/09/12) - Affidavit of Andino
(filed 4/10/12) - Statement of Defendants on Obsticles voters will have on Implementation of Act R54
(filed 4/23/12) - Notice of South Carolina's Reponse
(filed 4/25/12) - Notice of Final Procedure
(filed 4/30/12) - Motion to Withdraw as Defendant-Intervenors
(filed 5/24/12) - Statement of Defendant-Intervenors Regarding Discovery
(filed 5/28/12) - United States Brief Outlining Outstanding Discovery Disputes
(filed 5/28/12) - South Carolina's Notice Outlining Discovery Issues
(filed 5/28/12) - United States' Response to South Carolina's Notice Outlining Discovery Issues
(filed 5/30/12) - United States' Notice as to its Brief Outlining Outstanding Discovery Disputes
(filed 5/30/12) - South Carolina's Response to United States' Brief Outlining Outstanding Discovery Disputes
(filed 5/30/12) - South Carolina's Response to Defendant-Intervenor's Statement Regarding Discovery
(filed 5/30/12) - United States' Further Notice as to Outstanding Discovery Issues
(filed 5/31/12) - South Carolina's Notice Outlining Outstanding Discovery Issues
(filed 5/31/12) - South Carolina's Response to United States' Further Notice as to Outstanding Discovery Issues
(filed 5/31/12) - Response of Defendant-Intervenors to South Carolina's Notice Outlining Outstanding Discovery Issues
(filed 5/31/12) - United States' Response to South Carolina's Notice Outlining Outstanding Discovery Issues
(filed 5/31/12) - Court Order on Discovery Disputes
(filed 6/2/12) - South Carolina's Notice Regarding Defendant-Intervenors' Interrogatory No. 1
(filed 6/4/12) - Court Order on Discovery Disputes
(filed 6/5/12) - Defendant-Intervenors' Response to South Carolina's Notice Regarding Defendant-Intervenors' Interrogatory No. 1
(filed 6/5/12) - South Carolina's Notice of Compliance with Court Order Regarding Submission for In Camera Review
(filed 6/5/12) - South Carolina's Notice of Non-Opposition
(filed 6/6/12) - South Carolina's Notice of Compliance with Court Order Regarding Document Requests With no Responsive Documents
(filed 6/8/12) - Court Order on Documents That Must be Produced and Those That May be Withheld
(filed 6/8/12) - South Carolina's Notice of Compliance with Court Order Regarding Voter Fraud Interrogatory
(filed 6/9/12) - South Carolina's Notice of Compliance with Interrogatories 1, 2 & 16
(filed 6/11/12) - Court Order Granting South Carolina's Motion for a Protective Order
(filed 6/11/12) - United States' Motion to Modify Briefing Requirements
(filed 6/22/12) - Stipulation and Order for the Protection of Privacy Act Protected Information
(filed 6/22/12) - Notice of Intent to Call Live Witnesses at Trial
(filed 6/22/12) - Notice of United States' Designation of Live Trial Witnesses
(filed 6/22/12) - South Carolina's Notice Identifying Individuals State Intends to Call for Live Testimony
(filed 6/22/12) - Revised Notice of Intent to Call Live Witnesses at Trial
(filed 6/24/12) - Second Revised Notice of Intent to Call Live Witnesses at Trial
(filed 6/24/12) - Second Stipulation and Order for the Protection of Privacy Act Protected Information
(filed 6/25/12) - South Carolina's Opposition to United States' Motion to Modify Scheduling and Procedures Order
(filed 6/25/12) - Court Order Regarding Recordings of Committee and Subcommittee Meetings
(filed 6/25/12) - Affidavit of H. Christopher Bartolomucci
(filed 6/27/12) - South Carolina's Notice Answering the Court's Question
(filed 6/29/12) - Notice of Attorney General's Administrative Determination Under Section 5 of VRA
(filed 6/29/12) - Letter Re: South Carolina's Notice Answering the Court's Question
(filed 6/30/12) - Defendant-Intervenors' Response to South Carolina's Notice Answering the Court's Question
(filed 7/2/12) - Third Revised Scheduling and Procedures Order
(filed 7/3/12) - Supplemental Stipulation and Order for the Protection of Privacy Act Protected Information
(filed 7/10/12) - Defendant-Intervenors' Memorandum in Opposition to Plaintiff's Request for a Permanent Protective Order
(filed 7/11/12) - United States' Motion to Compel
(filed 7/11/12) - South Carolina's Memorandum in Opposition to United States' Motion to Compel
(filed 7/13/12) - Defendant-Intervenors' Supplement in Support of Defendants' Motion to Compel
(filed 7/17/12) - South Carolina's Response to Intervenors' Supplemental Memorandum
(filed 7/18/12) - Court Order on Privilege Logs
(filed 7/20/12) - Amended Notice of United States' Designation of Live Trial Witnesses
(filed 7/21/12) - Defendant-Intervenors' Revised Notice of Intent to Call Live Witnesses
(filed 7/21/12) - South Carolina's Amended Notice of Live Witnesses
(filed 7/21/12) - South Carolina's Memorandum in Further Opposition to United States' Motion to Compel Production
(filed 7/25/12) - Defendant-Intervenors Reply in Support of United States' Motion to Compel
(filed 7/30/12) - Reply Memorandum in Support of United States' Motion to Compel
(filed 8/1/12) - Trial Procedures Order
(filed 8/7/12) - Defendant-Intervenors' Motion to Strike South Carolina's Declaration and Rebuttal Expert Disclosure of Dr. Buchanan
(filed 8/8/12) - Joint Motion to Modify Trial Procedures Order
(filed 8/10/12) - Order Granting Motion to Modify Trial Procedures Order
(filed 8/10/12) - Order on Motion to Compel
(filed 8/10/12) - South Carolina's Memorandum in Opposition to Defendant-Intervenors' Motion to Strike
(filed 8/11/12) - Defendant-Intervenors' Supplemental Memorandum in Support of Motion to Strike
(filed 8/12/12) - Clarification of the Trial Procedures Order
(filed 8/13/12) - Plaintiff's Motion to Exclude Testimony Under Rule 702
(filed 8/13/12) - Plaintiff's Motion to Exclude Testimony of Charles Stewart
(filed 8/13/12) - Court Order on Motion to Strike Testimony
(filed 8/15/12) - Defendant-Intervenors' Motion in Limine for an Adverse Inference
(filed 8/15/12) - Plaintiff's Motion in Limine to Exclude John C. Ruoff
(filed 8/15/12) - Joint Pre-Trial Submissions
(filed 8/15/12) - United States' Motion in Limine
(filed 8/15/12) - Joint Status Report Regarding Discovery
(filed 8/15/12) - Defendant-Intervenors' Motion in Support of United States' Motion in Limine
(filed 8/15/12) - Supplemental Memorandum in Support of the United States' Motion in Limine
(filed 8/16/12) - Defendant-Intervenors' Outline of Requested Additional Discovery
(filed 8/16/12) - South Carolina's Opposition to Motions to Exclude Evidence or Re-open Discovery
(filed 8/16/12)
- Order on Motion in Limine
(filed 8/17/12) - August 17 Joint Pre-Trial Submission
(filed 8/17/12) - Defendant-Intervenors' Opposition to South Carolina's Motion in Limine
(filed 8/20/12) - Defendant-Intervenors' Supplemental Appendix Volume 1
(filed 8/20/12)
- Defendant-Intervenors' Separate Supplemental Appendix
(filed 8/20/12) - Joint Supplemental Pre-Trial Submission of Deposition Designations
(filed 8/20/12) - South Carolina's Supplemental Appendix
(filed 8/20/12) - South Carolina's Opposition to Defendant-Intervenors' Motion for an Adverse Inference
(filed 8/20/12) - Defendant-Intervenors' Response to Plaintiff's Motion to Exclude Dr. Ruoff
(filed 8/20/12) - United States' Notice of Filing Section 5 Determination
(filed 8/20/12) - Trial Brief of Defendant-Intervenors
(filed 8/20/12) - Memorandum in Opposition to South Carolina's Motion to Exclude
(filed 8/20/12) - Memorandum in Opposition to South Carolina's Motion to Exclude Dr. Stewart
(filed 8/20/12) - South Carolina's Trial Brief
(filed 8/20/12) - United States' Trial Brief
(filed 8/20/12) - Notice of Written Direct Testimony by Dr. Martin
(filed 8/21/12) - Written Direct Testimony of Dr. Burton
(filed 8/22/12) - Written Direct Testimony of Senator Hutto
(filed 8/22/12) - Written Direct Testimony of Dr. Quinn
(filed 8/22/12) - Written Direct Testimony of Dr. Ruoff
(filed 8/22/12) - Written Direct Testimony of Senator Scott
(filed 8/22/12) - Written Direct Testimony of Barbara Zia
(filed 8/22/12) - Request for Judicial Notice on County Elections' Hours of Operation
(filed 8/22/12) - Request for Judicial Notice of Ongoing Racial Discrimination in Voting
(filed 8/22/12) - Order on Motions in Limine
(filed 8/22/12) - Second Supplemental Joint Pre-Trial Submission
(filed 8/22/12) - South Carolina's Opposition to Defendant-Intervenors' Request for Judicial Notice as to other cases
(filed 8/22/12) - South Carolina's Reply in Support of Motions to Exclude
(filed 8/22/12) - Reply Memorandum in Support of Defendant-Intervenors' Request for Judicial Notice of Ongoing Racial Discrimination in Voting
(filed 8/24/12) - Court's Pre-Trial Order
(filed 8/24/12) - Objections to Written Testimony
(filed 8/24/12) - Revised Joint Pre-Trial Submission
(filed 8/26/12) - South Carolina's Surreply in Opposition to Intervenors' Request for Judicial Notice as to other cases and other laws
(filed 8/27/12) - South Carolina's Response to Court Order
(filed 8/27/12) - Defendant-Intervenors' Third Supplemental Appendix
(filed 8/27/12) - August 27th Joint Pre-Trial Submission
(filed 8/27/12) - Court Order on Supplemental Appendices
(filed 8/28/12) - Defendant-Intervenors' Response to Court Order
(filed 8/28/12) - South Carolina's Second Supplemental Appendix
(filed 8/28/12) - Defendant-Intervenors' Request for Additional Time
(filed 8/28/12) - South Carolina's Response to Defendant-Intervenors' Request for Additional Time
(filed 8/28/12) - South Carolina's Motion to Take Judicial Notice of the 2011 South Carolina Annual Transit Trends Report
(filed 8/30/12) - Defendant-Intervenors' Opposition to South Carolina's Request for Judicial Notice
(filed 8/30/12) - United States' Request for Judicial Notice of Census Bureau Data
(filed 8/31/12) - South Carolina's Responses to the Court's Questions Regarding Implementation
(filed 8/31/12) - United States Notice of Filing Section 5 Determination
(filed 9/5/12) - Intervenors' Request for Judicial Notice of Census Data
(filed 9/5/12) - Intervenors' Response to South Carolina's August 31 filing
(filed 9/5/12) - United States' Response to South Carolina's August 31 submission
(filed 9/5/12) - South Carolina's Opposition to Request for Judicial Notice of Census Data
(filed 9/5/12) - Defendant-Intervenors' Motion to Modify the August 28 Court Order
(filed 9/6/12) - United States' Motion to Exclude Dr. Buchanan
(filed 9/7/12) - Defendant-Intervenors' Proposed Findings of Fact
(filed 9/7/12) - United States Proposed Findings of Fact
(filed 9/7/12) - South Carolina's Proposed Findings of Fact
(filed 9/7/12) - United States' Emegency Motion to Strike South Carolina's Findings of Fact
(filed 9/8/12) - South Carolina's Opposition to Emergency Motion to Strike
(filed 9/9/12) - Defendant-Intervenors' Memorandum in Support of Emergency Motion to Strike
(filed 9/9/12) - South Carolina's Response to United States' Proposed Findings of Fact
(filed 9/14/12) - South Carolina's Response to Defendant-Intervenors' Proposed Findings of Fact
(filed 9/14/12) - Defendant-Intervenors' Response to South Carolina's Proposed Findings of Fact
(filed 9/14/12) - United States' Response to South Carolina's Proposed Findings of Fact
(filed 9/14/12) - South Carolina's Third Supplemental Appendix
(filed 9/18/12) - Third United States' Supplemental Appendix
(filed 9/18/12) - United States' Final Exhibit List
(filed 9/18/12) - Defendant-Intervenors' Final Exhibit List
(filed 9/18/12) - Defendant-Intervenors' Fourth Filing to Supplemental Appendix
(filed 9/18/12) - South Carolina's Final Exhibit List
(filed 9/18/12) - Memorandum in Opposition to Defendant's Motion to Exclude Dr. Buchanan
(filed 9/19/12) - South Carolina's Reply in Support of Proposed Findings of Fact
(filed 9/19/12) - United States' Reply in Support of Proposed Findings of Fact
(filed 9/19/12) - Defendant-Intervenors' Reply in Support of Proposed Findings of Fact
(filed 9/20/12) - Reply Memorandum in Support of United States' Motion to Exclude Expert Testimony
(filed 9/22/12) - Order Denying Declaratory Judgment for Plaintiffs in 2012, but Granting Declaratory Judgment Beginning in 2013
(filed 10/10/12) - Opinion
(filed 10/10/12) - Bill of Costs
(filed 10/31/12) - Joint Motion for Extension of Time to File Response to Bill of Costs
(filed 11/9/12) - Defendant-Intervenors' Opposition to South Carolina's Bill of Costs
(filed 11/30/12) - United States' Memorandum in Opposition to South Carolina's Bill of Costs
(filed 11/30/12) - South Carolina's Reply in Support of its Bill of Costs
(filed 12/14/12) - Order Finding South Carolina Entitled to Costs with Certain Items Excluded
(filed 1/4/13) - South Carolina's Revised Bill of Costs
(filed 1/11/13) - Order on Costs
(filed 1/16/13)

Commentary
Arizona: Voter Registration and the Road Ahead
Justin Levitt
June arrived with two election law cases at the Supreme Court. One is still pending: a highly anticipated decision on section 5 of the Voting Rights Act. The other, more frequently overlooked, was decided yesterday. And there are some quirks of the opinion that seem to depart from the swiftly congealing conventional wisdom that the states might actually have "won," and now need only run out the clock.
more commentary...