No. 24-964

John O'Bannon, Chairman of the State Board of Elections for the Commonwealth of Virginia, et al. v. Tati Abu King, et al.

Lower Court: Fourth Circuit
Docketed: 2025-03-07
Status: Denied
Type: Paid
Amici (1)Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: civil-war-reconstruction ex-parte-young judicial-enforcement private-parties readmission-acts sovereign-immunity
Key Terms:
JusticiabilityDoctri
Latest Conference: 2025-06-18 (distributed 2 times)
Question Presented (AI Summary)

Whether private parties may seek judicial enforcement of the Readmission Acts and bypass a State's sovereign immunity under Ex parte Young

Question Presented (OCR Extract)

In the aftermath of the Civil War, Congress enacted a series of “Readmission Acts”—largely identical statutes that imposed restrictions on former Confederate States as conditions of regaining representation in Congress. These conditions included constraints on the States’ ability to amend their own constitutions on topics such as voting rights and public education. For nearly 150 years, these statutes were never judicially enforced, as Congress retained sole enforcement power over the conditions it created. The court below held that the Readmission Acts are judicially enforceable by private parties under Ex parte Young , 209 U.S. 123 (1908). The questions presented are: 1. Whether private parties may seek judicial enforcement of the Readmission Acts. 2. Whether plaintiffs may invoke Ex parte Young to bypass a State’s sovereign immunity when they lack a cause of action.

Docket Entries

2025-06-23
Petition DENIED.
2025-06-06
2025-06-06
Reply of John O’Bannon, in his Official Capacity as Chairman of the State Board of Elections, et al. submitted.
2025-06-03
DISTRIBUTED for Conference of 6/18/2025.
2025-06-02
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioners.
2025-06-02
Waiver of the 14-day waiting period of John O’Bannon, in his Official Capacity as Chairman of the State Board of Elections, et al. submitted.
2025-06-02
Waiver of John O’Bannon, in his Official Capacity as Chairman of the State Board of Elections, et al. of the 14-day waiting period submitted.
2025-05-30
Brief of respondents Tati Abu King, et al. in opposition filed. (Distributed)
2025-05-30
Brief of Tati King, et al. in opposition submitted.
2025-04-08
Motion to extend the time to file a response is granted and the time is extended to and including May 30, 2025.
2025-04-07
2025-04-07
Motion to extend the time to file a response from April 30, 2025 to May 30, 2025, submitted to The Clerk.
2025-04-07
Motion of Tati King, et al. for an extension of time submitted.
2025-04-07
Amicus brief of States of Texas, Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Louisiana, Mississippi, Missouri, Montana, Oklahoma, South Carolina, Tennessee, and Utah submitted.
2025-03-31
Response Requested. (Due April 30, 2025)
2025-03-26
DISTRIBUTED for Conference of 4/17/2025.
2025-03-20
Waiver of right of respondent Tati King, et al. to respond filed.
2025-03-20
Waiver of Tati King, et al. of right to respond submitted.
2025-03-05
Petition for a writ of certiorari filed. (Response due April 7, 2025)

Attorneys

John O’Bannon, in his Official Capacity as Chairman of the State Board of Elections, et al.
Erika Lauren MaleyVirginia Office of the Attorney General, Petitioner
Erika Lauren MaleyVirginia Office of the Attorney General, Petitioner
States of Texas, Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Louisiana, Mississippi, Missouri, Montana, Oklahoma, South Carolina, Tennessee, and Utah
Aaron Lloyd NielsonOffice of the Texas Attorney General, Amicus
Aaron Lloyd NielsonOffice of the Texas Attorney General, Amicus
Tati King, et al.
Jason H. LissWilmer Cutler Pickering Hale and Door LLP, Respondent
Thomas Glenn SaundersWilmer Cutler Pickering Hale and Dorr LLP, Respondent
Thomas Glenn SaundersWilmer Cutler Pickering Hale and Dorr LLP, Respondent
Jason H. LissWilmer Cutler Pickering Hale and Dorr LLP, Respondent