Legal Services for
Prisoners with Children v. Bowen is a class action Equal Protection challenge
First, plaintiffs claim that Section Two of the Fourteenth
Amendment, which prohibits the denial or abridgement of the right to vote
except in cases of “rebellion, or other crime,” only authorizes the disenfranchisement
of persons that have committed felonies as defined at common law. Because
Second, petitioners contend that Section Two does not
authorize the disenfranchisement of people on parole. Petitioners claim that
On October 2, 2007, Legal Services for Prisoner’s With Children and The Center for Children of Incarcerated Parents filed a petition for writ of mandate in the California Supreme Court. On January 3, 2008, the Court transferred the case to the California Court of Appeals, First Appellate District, and November 21, 2008 it was argued and submitted to the Court for review.
The ACLU of Northern California and Impact Fund filed a joint amicus brief in support of the Petitioners on June 19, 2008.
On January 22nd, the California Court of Appeals denied the plantiff’s claim that “other crimes” described in Section Two of the Fourteenth Amendment is only limited to common law felonies.
Related Court Documents
Legal Services for Prisoners with Children v. Bowen – Petitioners Petition for Writ of Mandate (10/2/2007)
Legal Services for Prisoners with Children v. Bowen – ACLU and Impact Fund Amici Curiae (6/19/2008)
Legal Services for Prisoners with Children v. Bowen – Court of Appeals of the State of California Ruling (1/22/2009)