U.S. Supreme Court petition filed in tribal voting case


Arizona v. The Inter Tribal Council of Arizona, Inc.

Docket: 12-71Issue(s): (1) Whether the Ninth Circuit erred in creating a new, heightened preemption test under Article I, Section 4, Clause 1 of the U.S. Constitution (“the Elections Clause”) that is contrary to the Supreme Court’s authority and conflicts with other circuit court decisions; and (2) whether the Ninth Circuit erred in holding that under that test the National Voter Registration Act preempts an Arizona law that requests persons who are registering to vote to show evidence that they are eligible to vote.

Certiorari stage documents:

Opinion below (9th Cir.)

Petition for certiorari

                  Amicus brief of American Unity Legal Defense Fund

                  Amicus brief of Eagle Forum Education & Legal Defense Fund, Inc.

                  Amicus brief of Alabama, et al.

Motion for leave to file amicus brief and amicus brief of Mountain States Legal Foundation

Brief of respondents The Inter Tribal Council of Arizona, Inc. et al.

Brief of respondents Jesus M. Gonzales et al.

Reply of petitioners to the response of Inter-Tribal Council of Arizona et al.

Reply of petitioners to the response of Jesus Gonzalez et al.

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