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SHELBY COUNTY, ALA. v. LYNCH

No. 14-5138.

799 F.3d 1173 (2015)

SHELBY COUNTY, ALABAMA, Appellant v. Loretta E. LYNCH, in her Official Capacity as Attorney General of the United States, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided September 1, 2015.

Attorney(s) appearing for the Case

Bert W. Rein argued the cause for appellant. With him on the briefs were Brendan J. Morrissey and J. Michael Connolly. William S. Consovoy and Thomas R. McCarthy entered appearances.

Dale Ho argued the cause for intervenor-appellees. With him on the brief were Jon M. Greenbaum, Sherrilyn Ifill, Janai S. Nelson, Christina A. Swarns, Ryan P. Haygood, Natasha M. Korgaonkar, Leah C. Aden, and Deuel Ross. Moffatt L. McDonald, Arthur B. Spitzer, and John M. Nonna entered appearances.

Nathaniel S. Pollock, Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief was Mark L. Gross, Attorney.

Opinion concurring in the judgment filed by Senior Circuit Judge SILBERMAN.

Shelby County, Alabama, prevailed in a challenge to the constitutionality of section 4 of the Voting Rights Act of 1965 (VRA) and now seeks attorneys' fees from the Government under the Act's fee-shifting provision. The district court found that Shelby County was not entitled to receive fees because its victory did not advance...

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