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    Alabama People First of Alabama v. Merrill

    • Date
      September 30, 2020
    • City/County
      Birmingham, AL
    • Type of Case
      Voter Fruad / Cause: 42:1983 Civil Rights Act / Nature of Suit: 441 Civil Rights: Voting
    • Case Details
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    Title

    Alabama People First of Alabama v. Merrill

    Date
    September 30, 2020
    State or Country
    Alabama
    County/City:
    Birmingham, AL
    The Court the Case was filed in

    United States District Court for the Northern District of Alabama Southern Division - SCOTUS Supreme Court of the United States of America

    Type of Case
    Voter Fruad / Cause: 42:1983 Civil Rights Act / Nature of Suit: 441 Civil Rights: Voting
    Case Number

    2:20-cv-00619-AKK

    Judges

    ABDUL K. KALLON UNITED STATES DISTRICT JUDGE

    The application for stay presented to Justice Thomas and by him referred to the Court is granted, and the district court’s September 30, 2020 order granting a permanent injunction is stayed pending disposition of the appeal in the United States Court of Appeals for the Eleventh Circuit and disposition of the petition for a writ of certiorari, if such writ is timely sought. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court.

    Justice Sotomayor, with whom Justice Breyer and Justice Kagan join, dissenting from grant of stay.

    Plaintiff

    PEOPLE FIRST OF ALABAMA, et al., Plaintiffs

    Defendant

    JOHN MERRILL, et al., Defendants.

    Intervener

    Attorney Organization:

    NAACP Legal Defense Fund
    NDRN/Protection & Advocacy Organizations
    Southern Poverty Law Center

    Plaintiff Attorney

    Plaintiff
    People First of Alabama represented by Caren Elaine Short
    SOUTHERN POVERTY LAW CENTER
    PO Box 1287
    Decatur, GA 30031
    404−221−5868
    Fax: 404−221−5857
    Email: caren.short@splcenter.org
    LEAD ATTORNEY
    ATTORNEY TO BE NOTICED
    Jenny R Ryan
    Alabama Disabilities Advocacy Program
    Box 870395
    Tuscaloosa, AL 35487−0395
    205−348−4928
    Fax: 205−348−3909
    Email: jrryan2@adap.ua.edu
    LEAD ATTORNEY
    ATTORNEY TO BE NOTICED
    Sara M Zampierin
    Southern Poverty Law Center
    400 Washington Avenue
    Montgomery, AL 36104
    334−956−8200
    Fax: 334−956−8481
    Email: sara.zampierin@splcenter.org
    TERMINATED: 07/01/2020
    LEAD ATTORNEY
    ATTORNEY TO BE NOTICED
    William Van Der Pol , Jr
    ALABAMA DISABILITIES
    ADVOCACY PROGRAM
    500 Martha Parham West
    Box 870395
    Tuscaloosa, AL 35487
    (205) 348−4928
    Fax: (205) 348−3909
    Email: wvanderpoljr@adap.ua.edu
    LEAD ATTORNEY
    ATTORNEY TO BE NOTICED
    Deuel Ross
    NAACP LEGAL DEFENSE AND
    EDUCATIONAL FUND INC
    40 Rector Street 5th Floor
    New York, NY 10006
    212−965−7712
    Fax: 212−226−7592
    Email: dross@naacpldf.org
    PRO HAC VICE
    ATTORNEY TO BE NOTICED
    Liliana Zaragoza
    NAACP LEGAL DEFENSE AND
    EDUCATIONAL FUND INC
    40 Rector Street 5th Floor
    New York, NY 10006
    212−965−2200
    Fax: 212−226−7592
    Email: lzaragoza@naacpldf.org
    PRO HAC VICE
    ATTORNEY TO BE NOTICED
    Mahogane D Reed
    NAACP LEGAL DEFENSE AND
    EDUCATIONAL FUND INC
    700 14th Street NW
    Suite 600
    Washington, DC 20005
    202−682−1300
    Fax: 202−682−1312
    Email: mreed@naacpldf.org
    PRO HAC VICE
    ATTORNEY TO BE NOTICED
    Nancy G Abudu
    SOUTHERN POVERTY LAW CENTER
    PO Box 1287
    Decatur, AL 30031
    404−521−6700
    Fax: 404−221−5857
    Email: nancy.abudu@splcenter.org
    PRO HAC VICE
    ATTORNEY TO BE NOTICED
    Natasha Merle
    NAACP LEGAL DEFENSE AND
    EDUCATIONAL FUND INC
    40 Rector St, 5th Floor
    New York, NY 10006
    212−965−2200
    Fax: 212−922−7592
    Email: nmerle@naacpldf.org
    PRO HAC VICE
    ATTORNEY TO BE NOTICED
    Steven Lance
    NAACP LEGAL DEFENSE
    ANDEDUCATIONAL FUND, INC.
    40 Rector Street
    5th Floor
    New York, NY 10006
    212−965−2200
    Fax: 212−226−7592
    Email: slance@naacpldf.org
    PRO HAC VICE
    ATTORNEY TO BE NOTICED
    Plaintiff
    Robert Clopton represented by Caren Elaine Short
    (See above for address)
    LEAD ATTORNEY
    ATTORNEY TO BE NOTICED
    Jenny R Ryan
    (See above for address)
    LEAD ATTORNEY
    ATTORNEY TO BE NOTICED
    Sara M Zampierin
    (See above for address)
    TERMINATED: 07/01/2020
    LEAD ATTORNEY
    ATTORNEY TO BE NOTICED
    William Van Der Pol , Jr
    (See above for address)
    LEAD ATTORNEY
    ATTORNEY TO BE NOTICED
    Deuel Ross
    (See above for address)
    PRO HAC VICE
    ATTORNEY TO BE NOTICED
    Mahogane D Reed
    (See above for address)
    PRO HAC VICE
    ATTORNEY TO BE NOTICED
    Nancy G Abudu
    (See above for address)
    PRO HAC VICE
    ATTORNEY TO BE NOTICED
    Natasha Merle
    (See above for address)
    PRO HAC VICE
    ATTORNEY TO BE NOTICED
    Steven Lance
    (See above for address)
    PRO HAC VICE
    ATTORNEY TO BE NOTICED
    Plaintiff
    Eric Peebles represented by Caren Elaine Short
    (See above for address)
    LEAD ATTORNEY
    ATTORNEY TO BE NOTICED
    Jenny R Ryan
    (See above for address)
    LEAD ATTORNEY
    ATTORNEY TO BE NOTICED
    Sara M Zampierin
    (See above for address)
    TERMINATED: 07/01/2020
    LEAD ATTORNEY
    ATTORNEY TO BE NOTICED
    William Van Der Pol , Jr
    (See above for address)
    LEAD ATTORNEY
    ATTORNEY TO BE NOTICED
    Deuel Ross
    (See above for address)
    ATTORNEY TO BE NOTICED
    Mahogane D Reed
    (See above for address)
    PRO HAC VICE
    ATTORNEY TO BE NOTICED
    Nancy G Abudu
    (See above for address)
    PRO HAC VICE
    ATTORNEY TO BE NOTICED
    Steven Lance
    (See above for address)
    PRO HAC VICE
    ATTORNEY TO BE NOTICED
    Plaintiff
    Howard Porter, Jr. represented by Caren Elaine Short
    (See above for address)
    LEAD ATTORNEY
    ATTORNEY TO BE NOTICED
    Jenny R Ryan
    (See above for address)
    LEAD ATTORNEY
    ATTORNEY TO BE NOTICED
    Sara M Zampierin
    (See above for address)
    TERMINATED: 07/01/2020
    LEAD ATTORNEY
    ATTORNEY TO BE NOTICED
    William Van Der Pol , Jr
    (See above for address)
    LEAD ATTORNEY
    ATTORNEY TO BE NOTICED
    Deuel Ross
    (See above for address)
    PRO HAC VICE
    ATTORNEY TO BE NOTICED
    Liliana Zaragoza
    (See above for address)
    PRO HAC VICE
    ATTORNEY TO BE NOTICED
    Mahogane D Reed
    (See above for address)
    PRO HAC VICE
    ATTORNEY TO BE NOTICED
    Nancy G Abudu
    (See above for address)
    PRO HAC VICE
    ATTORNEY TO BE NOTICED
    Natasha Merle
    (See above for address)
    PRO HAC VICE
    ATTORNEY TO BE NOTICED
    Steven Lance
    (See above for address)
    PRO HAC VICE
    ATTORNEY TO BE NOTICED
    Plaintiff
    Annie Carolyn Thompson represented by Caren Elaine Short
    (See above for address)
    LEAD ATTORNEY
    ATTORNEY TO BE NOTICED
    Jenny R Ryan
    (See above for address)
    LEAD ATTORNEY
    ATTORNEY TO BE NOTICED
    Sara M Zampierin
    (See above for address)
    TERMINATED: 07/01/2020
    LEAD ATTORNEY
    ATTORNEY TO BE NOTICED
    William Van Der Pol , Jr
    (See above for address)
    LEAD ATTORNEY
    ATTORNEY TO BE NOTICED
    Deuel Ross
    (See above for address)
    PRO HAC VICE
    ATTORNEY TO BE NOTICED
    Liliana Zaragoza
    (See above for address)
    PRO HAC VICE
    ATTORNEY TO BE NOTICED
    Mahogane D Reed
    (See above for address)
    PRO HAC VICE
    ATTORNEY TO BE NOTICED
    Nancy G Abudu
    (See above for address)
    PRO HAC VICE
    ATTORNEY TO BE NOTICED
    Natasha Merle
    (See above for address)
    PRO HAC VICE
    ATTORNEY TO BE NOTICED
    Steven Lance
    (See above for address)
    PRO HAC VICE
    ATTORNEY TO BE NOTICED
    Plaintiff
    Greater Birmingham Ministries represented by Caren Elaine Short
    (See above for address)
    LEAD ATTORNEY
    ATTORNEY TO BE NOTICED
    Jenny R Ryan
    (See above for address)
    LEAD ATTORNEY
    ATTORNEY TO BE NOTICED
    Sara M Zampierin
    (See above for address)
    TERMINATED: 07/01/2020
    LEAD ATTORNEY
    ATTORNEY TO BE NOTICED
    William Van Der Pol , Jr
    (See above for address)
    LEAD ATTORNEY
    ATTORNEY TO BE NOTICED
    Deuel Ross
    (See above for address)
    PRO HAC VICE
    ATTORNEY TO BE NOTICED
    Liliana Zaragoza
    (See above for address)
    PRO HAC VICE
    ATTORNEY TO BE NOTICED
    Mahogane D Reed
    (See above for address)
    PRO HAC VICE
    ATTORNEY TO BE NOTICED
    Nancy G Abudu
    (See above for address)
    PRO HAC VICE
    ATTORNEY TO BE NOTICED
    Natasha Merle
    (See above for address)
    PRO HAC VICE
    ATTORNEY TO BE NOTICED
    Steven Lance
    (See above for address)
    PRO HAC VICE
    ATTORNEY TO BE NOTICED
    Plaintiff
    Alabama State Conference of the
    NAACP
    represented by Caren Elaine Short
    (See above for address)
    LEAD ATTORNEY
    ATTORNEY TO BE NOTICED
    Jenny R Ryan
    (See above for address)
    LEAD ATTORNEY
    ATTORNEY TO BE NOTICED
    Sara M Zampierin
    (See above for address)
    TERMINATED: 07/01/2020
    LEAD ATTORNEY
    ATTORNEY TO BE NOTICED
    William Van Der Pol , Jr
    (See above for address)
    LEAD ATTORNEY
    ATTORNEY TO BE NOTICED
    Deuel Ross
    (See above for address)
    PRO HAC VICE
    ATTORNEY TO BE NOTICED
    Liliana Zaragoza
    (See above for address)
    PRO HAC VICE
    ATTORNEY TO BE NOTICED
    Mahogane D Reed
    (See above for address)
    PRO HAC VICE
    ATTORNEY TO BE NOTICED
    Nancy G Abudu
    (See above for address)
    PRO HAC VICE
    ATTORNEY TO BE NOTICED
    Natasha Merle
    (See above for address)
    PRO HAC VICE
    ATTORNEY TO BE NOTICED
    Steven Lance
    (See above for address)
    PRO HAC VICE
    ATTORNEY TO BE NOTICED

    Defendant Attorney

    Defendant
    John Merrill
    In his official capacity as the Secretary of
    the State of Alabama
    represented by James W Davis
    OFFICE OF THE ATTORNEY
    GENERAL
    501 Washington Avenue
    P O Box 300152
    Montgomery, AL 36130−0152
    334−242−7300
    Fax: 334−353−8400
    Email: jim.davis@alabamaag.gov
    LEAD ATTORNEY
    ATTORNEY TO BE NOTICED
    Misty Shawn Fairbanks Messick
    OFFICE OF THE ATTORNEY
    GENERAL
    FOR THE STATE OF ALABAMA
    501 Washington Avenue
    P O Box 300152
    Montgomery, AL 36130−0152
    334−242−7300
    Fax: 334−353−8440
    Email: Misty.Messick@AlabamaAG.gov
    LEAD ATTORNEY
    ATTORNEY TO BE NOTICED
    Brenton Merrill Smith
    OFFICE OF THE ATTORNEY
    GENERAL OF ALABAMA
    P.O. Box 300152
    501 Washington Avenue
    Montgomery, AL 36130
    334−353−4336
    Fax: 334−353−8400
    Email: Brenton.Smith@AlabamaAG.gov
    ATTORNEY TO BE NOTICED
    Jeremy Stone Weber
    OFFICE OF THE ATTORNEY
    GENERAL
    STATE OF ALABAMA
    501 Washington Avenue
    Montgomery, AL 36130
    334−353−1018
    Fax: 334−353−8400
    Email: jeremy.weber@alabamaag.gov
    ATTORNEY TO BE NOTICED
    Winfield J Sinclair
    OFFICE OF THE ATTORNEY
    GENERAL
    501 Washington Avenue
    PO Box 300152
    Montgomery, AL 36130−0152
    334−353−9110
    Fax: 334−353−8440
    Email: winfield.sinclair@alabamaag.gov
    ATTORNEY TO BE NOTICED
    Defendant
    Kay Ivey
    In her official capacity as the Governor
    of the State of Alabama
    represented by James W Davis
    (See above for address)
    LEAD ATTORNEY
    ATTORNEY TO BE NOTICED
    Misty Shawn Fairbanks Messick
    (See above for address)
    LEAD ATTORNEY
    ATTORNEY TO BE NOTICED
    Brenton Merrill Smith
    (See above for address)
    ATTORNEY TO BE NOTICED
    Jeremy Stone Weber
    (See above for address)
    ATTORNEY TO BE NOTICED
    Winfield J Sinclair
    (See above for address)
    ATTORNEY TO BE NOTICED
    Defendant
    State of Alabama (The) represented by James W Davis
    (See above for address)
    LEAD ATTORNEY
    ATTORNEY TO BE NOTICED
    Misty Shawn Fairbanks Messick
    (See above for address)
    LEAD ATTORNEY
    ATTORNEY TO BE NOTICED
    Brenton Merrill Smith
    (See above for address)
    ATTORNEY TO BE NOTICED
    Jeremy Stone Weber
    (See above for address)
    ATTORNEY TO BE NOTICED
    Defendant
    Alleen Barnett
    In her official capacity as Absentee
    Election Manager of Mobile County,
    Alabama
    represented by Jay M Ross
    ADAMS AND REESE LLP
    PO Box 1348
    11 North Waters Street, Suite 23200
    Mobile, AL 36633
    251−433−3234
    Fax: 251−438−7733
    Email: jay.ross@arlaw.com
    LEAD ATTORNEY
    ATTORNEY TO BE NOTICED
    Todd David Engelhardt
    ADAMS AND REESE, LLP
    1901 6th Avenue North, Ste. 3000
    Birmingham, AL 35203
    205−250−5020
    Fax: 205−250−5034
    Email: todd.engelhardt@arlaw.com
    LEAD ATTORNEY
    ATTORNEY TO BE NOTICED
    Aubrey Patrick Dungan
    ADAMS AND REESE, LLP
    11 N. Water Street, Ste. 23200
    Mobile, AL 36633
    251−433−3234
    Fax: 251−438−7733
    Email: patrick.dungan@arlaw.com
    ATTORNEY TO BE NOTICED
    Robert F. Dyar
    ADAMS AND REESE, LLP
    1901 6th Avenue North, Ste. 3000
    Birmingham, AL 35203
    205−250−5016
    Fax: 205−488−8016
    Email: robert.dyar@arlaw.com
    ATTORNEY TO BE NOTICED
    Defendant
    Jacqueline Anderson−Smith
    In her official capacity as Circuit Clerk of
    Jefferson County, Alabama
    represented by Donald McKinley Carroll
    Jefferson County Attorney's Office
    716 Richard Arrington, Jr. Blvd. North
    Suite 280
    Birmingham, AL 35203
    205−325−5688
    Fax: 205−325−5840
    Email: carrolld@jccal.org
    ATTORNEY TO BE NOTICED
    Theodore A Lawson , II
    JEFFERSON COUNTY ATTORNEY'S
    OFFICE
    716 Richard Arrington Jr. Blvd. North
    Room 280
    Birmingham, AL 35203
    205−325−5688
    Fax: 205−325−5840
    Email: lawsont@jccal.org
    ATTORNEY TO BE NOTICED
    Defendant
    Karen Dunn Burks
    In her official capacity as Deputy Circuit
    Clerk of the Bessemer Division of
    Jefferson County, Alabama
    represented by Donald McKinley Carroll
    (See above for address)
    ATTORNEY TO BE NOTICED
    Theodore A Lawson , II
    (See above for address)
    ATTORNEY TO BE NOTICED
    Defendant
    Mary B. Roberson
    In her official capacity as Circuit Clerk of
    Lee County, Alabama
    represented by Brandon Keith Essig
    LIGHTFOOT FRANKLIN & WHITE
    400 20th Street North
    Birmingham, AL 35203
    205−581−0748
    Fax: 205−581−0799
    Email: bessig@lightfootlaw.com
    LEAD ATTORNEY
    ATTORNEY TO BE NOTICED
    Robert Jackson Sewell
    LIGHTFOOT FRANKLIN & WHITE
    LLC
    400 20th Street North
    Birmingham, AL 35203
    205−581−0700
    Fax: 205−581−0799
    Email: jsewell@lightfootlaw.com
    LEAD ATTORNEY
    ATTORNEY TO BE NOTICED
    Defendant
    United States of America
    Amicus
    Honest Elections Project represented by Steven M Brom
    BACHUS & BROM LLC
    4908 Cahaba River Road Suite 100
    Birmingham, AL 35243
    205−970−6747
    Fax: 205−970−7776
    Email: sbrom@bachusbrom.com
    LEAD ATTORNEY
    ATTORNEY TO BE NOTICED
    Cameron Thomas Norris
    CONSOVOY MCCARTHY PLLC
    1600 Wilson Boulevard
    Suite 700
    Arlington, VA 22209
    703−243−9423
    Email: cam@consovoymccarthy.com
    PRO HAC VICE
    ATTORNEY TO BE NOTICED
    Tyler R Green
    CONSOVOY McCARTHY PLLC
    1600 Wilson Blvd.
    Suite 700
    Arlington, VA 22209
    703−243−9423
    Email: tyler@consovoymccarthy.com
    PRO HAC VICE
    ATTORNEY TO BE NOTICED

    Comments

    issues: Whether the coronavirus pandemic requires alleviating the enforcement of three Alabama election provisions: that absentee ballots must be signed in the presence of a notary or two adult witnesses, that applications for absentee ballots must include copies of valid photo ID, and that counties may not offer curbside voting.

    Status: Witness and photo ID requirements upheld by 11th Circuit; Curbside voting ban reinstated by U.S. Supreme Court

    Application for stay granted on Oct. 21, 2020. Justices Sotomayor, joined by Justices Breyer and Kagan, dissenting from the grant of stay.

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    Document Links 1 (Scribd et. al)

    https://casetext.com/case/people-first-v-merrill-2%20

    Document Link 2

    https://www.law.cornell.edu/supremecourt/text/20A67

    Document Link 3

    https://law.justia.com/cases/federal/district-courts/alabama/alndce/2:2020cv00619/173742/161/

    Document Link 4

    https://clearinghouse.net/chDocs/public/VR-AL-0268-9000.pdf

    mood_bad
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