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Johnson v. Bush

The Center, representing more than 600,000 Florida citizens in a class action suit, challenged Florida’s permanent disenfranchisement of people with felony convictions. Together with co-counsel, the Center argued that, because of its discriminatory intent and effect, Florida’s voting ban violated both the Fourteenth and Fifteenth Amendments and the Voting Rights Act of 1965.

Published: November 14, 2005

Voting After Criminal Conviction

Case Summary

The Center, representing more than 600,000 Florida citizens in a class action suit, challenged Florida’s permanent disenfranchisement of people with felony convictions. Together with co-counsel, the Center argued that, because of its discriminatory intent and effect, Florida’s voting ban violated both the Fourteenth and Fifteenth Amendments and the Voting Rights Act of 1965.

Case History

  • On September 21, 2000, Plaintiffs filed a complaint.
  • On July 18, 2002, the federal district court for the Southern District of Florida granted summary judgment to the State.
  • On August 9, 2002, Plaintiffs appealed to the U.S. Court of Appeals for the 11th Circuit, which heard oral arguments during the week of March 17, 2003.
  • On December 19, 2003, a three-judge panel of the 11th Circuit reversed the summary judgment ruling in a decision available here.
  • On July 20, 2004, the 11th Circuit granted a request by the state to rehear the case, and on October 26, 2004, the 11th Circuit sitting “en banc,” (as a whole) heard oral arguments.
  • On April 11, 2005, the 11th Circuit en banc upheld Florida’s 137-year-old voting ban against people with felony convictions in a decision available here.
  • On August 10, 2005, Plaintiffs filed a petition for a writ of certiorari to the United States Supreme Court. The cert petition is available here.
  • On October 14, 2005, two amicus briefs were filed in support of the Petitioners’ request for certiorari—one on behalf of the League of Women Voters of Florida (available here) and one on behalf of current and former Law Enforcement officials (available here).
  • On October 14, 2005, the State filed its brief in opposition to certiorari.
  • On October 26, the Brennan Center filed a reply brief in response to the State’s opposition brief.
  • On November 14, 2005, the Supreme Court denied the Plaintiffs’ cert petition. The Court did not specify why it declined to review the case.

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