NAACP Legal Defense & Educational Fund, Inc. v. Trump, No. 1:17-cv-05427-ALC (S.D.N.Y. 2017), is a case pending before the United States District Court for the Southern District of New York. The plaintiffs, the NAACP Legal Defense Fund, The Ordinary People Society, and a coalition of civil rights groups allege that the defendants, President Donald Trump, the Vice President Michael Pence, and Kris Kobach are in violation of the Fifth and Fifteenth Amendments and the Federal Advisory Committee Act by establishing the Presidential Advisory Commission on Election Integrity (PEIC) for the purpose of intentionally discriminating against Black and Latino voters in violation of the Fifth and Fifteenth Amendments to the Constitution and the Federal Advisory Committee Act.
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Background
Kris Kobach is the Secretary of State of Kansas since 2011 and candidate for Governor of Kansas. On November 20, 2016, President Trump asked Kobach to co-chair a commission ("Pence-Kobach Commission") to investigate possible voting irregularities in the 2016 Presidential Election. Kobach is a defendant in parallel lawsuits filed by Electronic Privacy Information Center and the ACLU.
On June 28, 2017, the Commission requested voter records from each of the states and the District of Columbia. Forty-four states rejected the request to deliver voter records On July 10, 2017, the Commission postponed its request of the states.
The United States Department of Justice will represent Trump.
According to the text of the complaint, the suit asks for a permanent injunction halting the operation of the Presidential Advisory Commission on Election Integrity.
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Specific allegations
- The President has neither constitutional nor statutory authority to create a new executive organ for the purpose of launching an investigation that targets individual or groups of voters.
- President Trump has not appointed a commission for the purpose of consulting with fair-and-balanced advisors; rather, he has appointed a commission stacked with biased members to undertake an investigation into unfounded allegations of voter fraud, even though Congress has specifically delegated the authority to ensure the accuracy of voter rolls to the Election Assistance Commission and state election officials, not the President.
- Violations of the Fifth and Fifteenth Amendments and Unauthorized Presidential Action
Latest developments and next steps
Although the defendants were served immediately, FRCP Rule 4(i)(2) establishes that because President Trump and Vice President Pence are being sued as elements of the United States government, no official action was required before August 9, 2017, when an answer was required.
President Trump opened the televised July 19, 2017 meeting of the PEIC.
An answer is due September 18, 2017. An Initial Pretrial Conference is scheduled for October 13, 2017 in New York.
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References
Source of article : Wikipedia
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