On April, 22, 2024, Simpson Thacher and the Southern Coalition for Social Justice (SCSJ) secured a decisive victory for their clients in a federal lawsuit in North Carolina District Court challenging a North Carolina law criminalizing voting. The win overturned a racially discriminatory law that made it a Class I felony for North Carolina residents to vote if they are on parole, probation or post-release supervision for a felony conviction, even if they mistakenly believe they are eligible to vote. Virtually every other election crime punishable as a Class I felony in North Carolina requires intent. Under this strict liability law, there had been high-profile prosecutions which chilled countless eligible voters with criminal convictions from exercising their right to cast a ballot. This fear of prosecution impeded voter engagement efforts by the North Carolina A. Philip Randolph Institute and Action NC, who were the Plaintiffs in the suit. The lawsuit was originally filed in September 2020.
The team successfully argued that this law, which dates back to the nineteenth century, violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution. In her decision, U.S. District Court Judge Loretta Biggs found it “extraordinary and telling” that the state did not dispute the discriminatory origins of the law or its current discriminatory impact on Black voters. She also noted that vagueness around the strict-liability nature of the law, enabled North Carolina district attorneys to “pursue their personal predilections” in deciding whether to enforce the law.
After Simpson Thacher and SCSJ moved for summary judgment, the North Carolina legislature amended the law on a prospective basis for elections after January 1, 2024.
The team received a “Shout Out” in The American Lawyer’s “Litigator of the Week” coverage. The decision was highlighted by publications including Associated Press, Law360, Wilmington StarNews, Fox 8, Courthouse News Service and NC Newsline.
The Simpson Thacher team included Jonathan K. Youngwood, David Elbaum, Jacob Lundqvist and Nihara K. Choudhri.