NAACP v. Trump
| NAACP et al v. Trump et al | |
|---|---|
 | |
| United States District Court for the Southern District of New York | |
| Full case name | NAACP Legal Defense and Educational Fund, Inc.; The Ordinary People Society v. Donald J. Trump, in his official capacity as President of the United States of America; Presidential Advisory Commission on Election Integrity, an advisory committee commissioned by President Trump; Michael Pence, in his official capacity as Vice President of the United States and chair of the Presidential Advisory Commission on Election Integrity; Kris W. Kobach in his official capacity as Vice Chair of the Presidential Advisory Commission on Election Integrity |
| Date decided | Pending (filed July 18, 2017) |
| Citations | No. 1:17-cv-05427 |
| Judge sitting | Andrew L. Carter Jr. |
| Counsel for plaintiff(s) |
Sherrilyn Ifill Janai Nelson Samuel Spital Rachel Kleinman Natasha Merle [1] |
| Plaintiff(s) |
NAACP Legal Defense and Educational Fund, Inc. The Ordinary People Society |
| Defendant(s) |
Donald J. Trump Presidential Advisory Commission on Election Integrity Michael Pence Kris W. Kobach |
NAACP 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 National Association for the Advancement of Colored People (NAACP) and The Ordinary People Society 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 supporting the President’s claim that "Voter fraud is all too common and then they criticize us for saying that ... take a look at Philadelphia, what's going on, take a look at Chicago, take a look at St. Louis."
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[2] and the ACLU.
On June 28, 2017, the Commission requested voter records from each of the states and the District of Columbia.[3] Forty-four states rejected the request to deliver voter records [4] On July 10, 2017, the Commission postponed its request of the states.[5]
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.
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 will be 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 is required before August 9, 2017, when an answer is required. [6]
President Trump opened the televised July 19, 2017 meeting of the PEIC. [7]
An answer is due September 18, 2017.[8]
See also
References
- ↑ Complaint, Docket 1, p.
- ↑ "EPIC v. Presidential Advisory Commission on Election Integrity, Pence, Kobach and GSA" (PDF). Jul 3, 2017.
- ↑ "Letter from Kobach to Secretary of State of Maine" (PDF). June 28, 2017.
- ↑ "Forty-four states and DC have refused to give certain voter information to Trump commission". CNN.
- ↑ "NH fight on voter data release put on hold". New Hampshire Union Leader.
- ↑ FRCP Rule 12(a)(2). FRCP Rule 6(1)(C).
- ↑ "Presidential Advisory Commission on Election Integrity". The White House. July 19, 2017.
- ↑ "Deadlines/Hearings". PACER SDNY. Retrieved Aug 10, 2017.
External links
- Complaint (PDF), No. 1:17-cv-05427, S.D.N.Y., Jul 18, 2017