Legal Opinion

Baker v. Pataki

Court of Appeals for the Second Circuit

Decided May 30, 1996No. Nos. 565, 1135, 1136, 1137, Dockets 94-2163, 94-2164, 94-2165, 94-2176PublishedCited by 51 opinions

1Per curiam

This appeal was reheard in bane to consider the applicability of § 2 of the Voting Rights Act of 1965, Pub.L. No. 89-110, 79 Stat. 437, 437, as amended, 42 U.S.C. § 1973 (the “Voting Rights Act” or the “Act”), to New York Election Law § 5-106(2)-(5), which denies the franchise to incarcerated and paroled felons, particularly in light of the felon disenfranchisement provision of § 2 of the Fourteenth Amendment of the United States Constitution. Plaintiffs-appellants, black and hispanic incarcerated felons, appeal from a judgment entered February 22, 1994 in the United States District Court for…

2Cases cited63 opinions

  1. Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
  2. Hill v. LockhartSupreme Court of the United States · 1985
  3. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  4. Brecht v. AbrahamsonSupreme Court of the United States · 1993
  5. Neil v. BiggersSupreme Court of the United States · 1972

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3Cited by51 opinions

  1. Hayden v. PatersonCourt of Appeals for the Second Circuit · 2010
  2. United States v. Anthony D. Barber, United States of America v. David L. Hodge, Jr.Court of Appeals for the Fourth Circuit · 1997
  3. Thomas Johnson v. Governor of the State of FLCourt of Appeals for the Eleventh Circuit · 2005
  4. Hayden v. PatakiCourt of Appeals for the Second Circuit · 2006
  5. Baines v. MasielloDistrict Court, W.D. New York · 2003

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