Sec. 3411. Findings

195 words·~1 min read·/bill/117/hr/5746/eah/section-3411

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In addition to providing for the statutory rights described in sections part 1, including judicial review under section 3403, Congress makes the following findings regarding enforcement of constitutional provisions protecting the right to vote: It is a priority of Congress to ensure that pending and future disputes arising under the Fifteenth Amendment or any other constitutional provisions protecting the right to vote may be heard in federal court. The Fifth Circuit has misconstrued section 1344 of title 28, United States Code, to deprive Federal courts of subject matter jurisdiction in certain classes of cases that implicate voters’ constitutional rights, see, e.g., Keyes v.

Gunn , 890 F.3d 232 (5th Cir. 2018), cert. denied, 139 S. Ct. 434 (2018); Johnson v. Stevenson , 170 F.2d 108 (5th Cir. 1948). Section 1344 of such title is also superfluous in light of other broad grants of Federal jurisdiction. See, e.g., section 1331, section 1343(a)(3), and section 1343(a)(4) of title 28, United States Code. Congress therefore finds that a repeal of section 1344 is appropriate and that such repeal will ensure that Federal courts nationwide are empowered to enforce voters’ constitutional rights in federal elections and state legislative elections.

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890 F.3d 232
170 F.2d 108

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Sec. 3411

Findings

F. App'x890 F.3d 232

F. App'x170 F.2d 108

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