Legal Opinion

Hayden v. Pataki

Court of Appeals for the Second Circuit

Decided May 4, 2006No. Docket No. 04-3886-prPublished

1DissentKatzmann, Circuit Judge

As a matter of public policy, I do not doubt that it may well be rational for the state to enact laws — applied fairly and equally, regardless of race, creed, color, religion or gender — that deprive felons of the right to vote while serving their sentences. At the same time, I am mindful that the task of a court is not to make policy or to substitute its views for that of political branches, but rather to be faithful to the words of a statute. In the case at hand, Congress stated:

No voting qualification or prerequisite to voting or standard, practice, or procedure shall be imposed or applied…

Also in this document: Per curiam.

2Cases cited7 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Green v. Bock Laundry MacHine Co.Supreme Court of the United States · 1989
  3. United States v. JacobsonCourt of Appeals for the Second Circuit · 1994
  4. Let W. Lee v. Bankers Trust CompanyCourt of Appeals for the Second Circuit · 1999
  5. Hayden v. PatakiCourt of Appeals for the Second Circuit · 2006

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