O'Bannon v. King
Certiorati Briefing
A petition for a writ of certiorari is a brief that asks the Supreme Court to review a lower court’s ruling, either from a federal appellate court or a state’s court of last resort. A Brief in Opposition urges the Court not to review the case, and is filed by the party that prevailed in the lower court.
What's at Stake
Virginia permanently disenfranchises all people with felony convictions unless the governor restores their rights. This lawsuit—brought by the ºìÐÓÊÓƵ of Virginia and co-counsel partners—argues that the policy violates the Readmissions Act of 1870, which bars Virginia from denying the vote based on convictions that didn’t exist at common law in 1870. The state tried to dismiss the case by invoking sovereign immunity, but the courts rejected that argument. Now, the case moves forward with the potential to restore voting rights to thousands of Virginians.
Summary
Virginia has one of the strictest felony disenfranchisement laws in the country. Anyone convicted of a felony is permanently barred from voting unless the governor restores their rights.
In 2023, the ºìÐÓÊÓƵ of Virginia and co-counsel sued on behalf of disenfranchised Virginians. They argued that the law violates the Readmissions Act of 1870, the federal statute that allowed Virginia’s representatives back into Congress after the Civil War. That law bars Virginia from denying the vote based on a criminal conviction unless the offense existed at common law in 1870.
The state moved to dismiss the case, claiming it was barred by sovereign immunity. The district court rejected that argument, and the Fourth Circuit affirmed. The state then asked the Supreme Court to take the case.
The ºìÐÓÊÓƵ’s Voting Rights Project joined the litigation to oppose Supreme Court review. On June 23, 2025, the Court denied the state’s petition, allowing the case to move forward.
Legal Documents
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06/23/2025
Order Denying Certiorari -
06/06/2025
Reply Brief for the Petitioners -
05/30/2025
Brief in Opposition -
03/05/2025
Petition for Writ of Certiorari
Date Filed: 06/23/2025
Court: Supreme Court (U.S.)
Date Filed: 06/06/2025
Court: Supreme Court (U.S.)
Date Filed: 05/30/2025
Court: Supreme Court (U.S.)
Date Filed: 03/05/2025
Court: Supreme Court (U.S.)
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12/05/2024
Opinion of the Court -
07/12/2024
Appellants' Reply Brief -
06/21/2024
Response Brief for Plaintiffs-Appellees -
05/22/2024
Appellants' Brief
Date Filed: 12/05/2024
Court: Appeals Court (4th Cir.)
Date Filed: 07/12/2024
Court: Appeals Court (4th Cir.)
Date Filed: 06/21/2024
Court: Appeals Court (4th Cir.)
Date Filed: 05/22/2024
Court: Appeals Court (4th Cir.)
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03/18/2024
Opinion -
11/09/2023
Defendants' Reply in Support of their Motion to Dismiss -
10/26/2023
Plaintiffs' Opposition to Motion to Dismiss -
10/26/2023
Opposition to Motion to Dismiss -
09/28/2023
Defendants' Motion to Dismiss -
08/31/2023
Amended Complaint
Date Filed: 11/09/2023
Court: District Court (E.D. Va.)
Date Filed: 10/26/2023
Court: District Court (E.D. Va.)
Date Filed: 10/26/2023
Court: District Court (E.D. Va.)
Date Filed: 09/28/2023
Court: District Court (E.D. Va.)
Date Filed: 08/31/2023
Court: District Court (E.D. Va.)