Johnson et al v. Ardoin

Filing 141

ORDER: The STAY IS LIFTED in this action. In light of the Circuit Court's competing concurring opinions in Thomas, the parties shall SHOW CAUSE, if any exists, why the Court should not vacate its 9/12/2019 100 order denying Defendant S ecretary of State Kyle Ardoin's 71 Motion for Certification of Order for Interlocutory Appeal, and certify an interlocutory appeal on the three-judge panel issue. The parties shall file written submissions limited to 7 pages no later than Fri day, 10/9/2020. Deadline for Defendant and Third- Party Plaintiff Secretary of State Kyle Ardoin to file his opposition to Third-Party Defendants' 134 Motion to Dismiss Third-Party Complaint remains STAYED as written. Signed by Judge Brian A. Jackson on 9/29/2020. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

JAMILA JOHNSON, ET AL. CIVIL ACTION

VERSUS
KYLE ARDOIN, NO: 18-00625-BAJ-EWB
In His Official Capacity As The Acting
Secretary Of State Of Louisiana

ORDER
On October 17, 2019, this Court stayed this action pending the U.S. Court of
Appeals for the Fifth Circuit's en banc review of Joseph Thomas, et al. v. Tate Reeves,
et al.. No. 19-60133, an appeal presenting the issue of whether statutory challenges

under Section 2 of the Voting Rights Act, 52 U.S.C. § 10301 must be decided by a
three-judge panel of the district court.
On June 18, 2020, the Circuit Court issued its en banc opinion dismissing the
Thomas appeal as moot, without addressing the three-judge panel issue. The Circuit
Courts concurring opinions, however, address the issue at length, with 6 judges

taking the position that statutory challenges under Section 2 of the Voting Rights Act
may be decided by a single district court judge, 5 judges taking the opposite position
that such challenges require a three-judge panel, 4 judges expressing no opinion, and

2 judges abstaining. Compare Thomas v. Reeves, 961 F.3d 800, 801 (5th Cir. 2020)
(Costa, J., concurring), with id. at 810 (Willett, J., concurring). The Circuit Court's

dismissal became final on September 16,2020.

Finding that the circumstances justifying the original stay in this action no
longer exist,

IT IS ORDERED that the STAY IS LIFTED.
IT IS FURTHER ORDERED that in light of the Circuit Court's competing
concurring opinions in Thomas, the parties shall SHOW CAUSE, if any exists, why
the Court should not vacate its September 12, 2019 order denying Defendant
Secretary of State Kyle Ardoin s Motion for Certification of Order for Interlocutory
Appeal (Doc. 100), and certify an interlocutory appeal on the three-judge panel issue.
The parties shall file written submissions limited to 7 pages no later than Friday,
October 9, 2020.

IT IS FURTHER ORDERED that the deadline for Defendant and ThirdParty Plaintiff Secretary of State Kyle Ardoin to file his opposition to Third-Party
Defendants' IVtotion to Dismiss Third-Party Complaint (Doc. 134) remains STAYED
pending the Court s decision whether to certify an interlocutory appeal in this matter.

?^

Baton Rouge, Louisiana, this ''— ( day of September, 2020

.Q\
JUDGE BRIANS J^iKSON

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA