Fourth Circuit Rules In Favor of Simpson Thacher Client In Striking Down Racially Discriminatory North Carolina Voting Law
On September 12, 2025, Simpson Thacher and the Southern Coalition for Social Justice (SCSJ) secured a complete victory in a federal lawsuit in which the United States Court of Appeals for the Fourth Circuit affirmed that a North Carolina law criminalizing good-faith voting by individuals serving felony convictions violates the Equal Protection Clause. At issue was a law that made it a Class I felony for North Carolina residents to vote if they are on parole, probation or post-release supervision for a felony conviction, even if they mistakenly believed they were eligible to vote. The law was originally enacted with racially discriminatory intent and had never been amended when the suit was originally filed in 2020. High-profile prosecutions under the law created a chilling effect that deterred even eligible voters with criminal convictions from participating in the electoral process. The concern over potential prosecution hindered voter outreach efforts by Plaintiffs North Carolina A. Philip Randolph Institute and Action NC.
On April 22, 2024, the United States District Court for the Middle District of North Carolina held that the law violated the Equal Protection Clause of the United States Constitution. Although the North Carolina Legislature amended the law to include an intent requirement after Plaintiffs filed suit, the court held that that Plaintiffs’ claims were not moot because there was no statute of limitations on prosecutions under the prior version of the law. The Fourth Circuit affirmed the district court’s decision. In its opinion, the Fourth Circuit held that “[b]ecause the Challenged Statute’s relevant ‘enactment was motivated by a desire to discriminate against [Black North Carolinians] on account of race and … continues to this day to have that effect[,] … it violates equal protection under Arlington Heights.’”
The Simpson Thacher team included Jonathan K. Youngwood, David Elbaum, Jacob Lundqvist and Nihara Choudhri.