Cases & Actions

Soto Palmer v. Trevino

The Election Law Clinic filed an amicus brief on behalf of the Latino Community Fund of Washington to the Ninth Circuit in support of Plaintiffs-Appellees in Soto Palmer v. Hobbs. The brief hopes to fortify the “totality of the circumstances” analysis under Section 2 of the VRA by detailing the history and story of the Latino community in Yakima Valley and the state of Washington, with an emphasis on the community’s perseverance and solidarity in the face of their consistent marginalization by the state’s elected bodies.  


UPDATED: September 5, 2024

DESCRIPTION

To find racial vote dilution under Section 2 of the federal Voting Rights Act, the court must, among other things, “conduct ‘an intensely local appraisal’ of the electoral mechanism at issue, as well as a ‘searching practical evaluation of the past and present reality.’” Allen v. Milligan, 599 U.S. 1, 19 (2023) (quoting Thornburg v. Gingles, 478 U.S. 30, 79 (1986)).  

In 2023, a federal district judge found that Washington’s electoral maps for the state legislature diluted the ability of Yakima Valley’s Latino voters to have an equal voice in the election, in violation of Section 2 of the Voting Rights Act. He ordered the state to redraw the map to give the Latino community the opportunity to elect a representative of their choice. Following this ruling, defendants appealed the ruling on a variety of grounds, one of which was that the lower court’s “totality of the circumstances” analysis was flawed because it rested on “ubiquitous generalities that apply virtually everywhere in the United States.”  

The amicus brief filed by the Clinic on behalf of the Latino Community Fund challenges this assertion by painting the unique story of Yakima Valley’s Latino community and their struggle for inclusion in the political system. The brief first showcases the history of the Latino population in the Valley, detailing their migration to the area in the mid-twentieth century and the development of close-knit communities premised on shared cultural and economic experiences. It then turns to the community’s sustained struggle to participate in the political system and exercise their right to vote. The story then concludes by establishing the historic and present day discrimination faced by Latinos in the Valley - particularly by Latino farmworkers - and the ways in which the community has had to organize to protect each other and their community’s collective wellbeing. Though the remarkable efforts of the community is a testament to its strength, these efforts also illustrate the failure of elected officials and government entities to meet the population’s distinct needs. 

DOCUMENTS

United States Court of Appeals Ninth Circuit

Soto Palmer v. Trevino - Amicus Brief

SEPTEMBER 5, 2024