Tennessee Defends In-Person Voting Rules at Sixth Circuit

Attorney Danielle Lang argued on behalf of the NAACP and its co-plaintiffs, and disputed Cloutier’s arguments about Sweet’s standing. “As you approach an election,” she told the panel, “a number of the absentee eligibility requirements move around.” Lang focused on Sweet’s standing at the time the suit was filed, latching on to Moore’s question about the repetition doctrine. “Election cases are the quintessential application of the capable of repetition but evading review doctrine,” she said. Lang said the NAACP suffered an “ongoing injury” that established standing because other members were undoubtedly affected by the restriction on first-time voters.

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