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Association of Community Organizations for Reform Now (Acorn) v. James R. Edgar in His Official Capacity as Governor of the State of Illinois

Citations: 99 F.3d 261; 1996 U.S. App. LEXIS 28295; 1996 WL 631597Docket: 96-3186

Court: Court of Appeals for the Seventh Circuit; October 31, 1996; Federal Appellate Court

Narrative Opinion Summary

The court addressed an appeal by defendants in the Illinois "motor voter" case, asserting they waived their right to appeal a consent decree issued on August 1, which permanently enjoined them from enforcing certain voter registration regulations deemed conflicting with federal law. The court cited precedents indicating that a party to a consent decree cannot appeal unless they explicitly reserve that right. The defendants claimed a reservation based on their objection to a prior order but the court found this insufficient, interpreting it as a standard refusal to acknowledge wrongdoing. The court emphasized that an explicit reservation should clearly state the intent to appeal, which the defendants failed to do. Consequently, the court concluded that the defendants waived their right to appeal, labeling their attempt to retract the waiver as nearly frivolous. The appeal was dismissed.

Legal Issues Addressed

Dismissal of Appeals Without Proper Reservation

Application: The defendants' appeal was dismissed as they failed to properly reserve their right to appeal, rendering their attempt to retract the waiver invalid.

Reasoning: Consequently, the court concluded that the defendants waived their right to appeal, labeling their attempt to retract the waiver as nearly frivolous.

Insufficiency of General Objections for Appeal Reservations

Application: The defendants' general objection to a prior order was deemed insufficient to constitute a reservation of the right to appeal.

Reasoning: The defendants claimed a reservation based on their objection to a prior order but the court found this insufficient, interpreting it as a standard refusal to acknowledge wrongdoing.

Requirements for Explicit Reservation of Appeal Rights

Application: The court emphasized the necessity for a clear, explicit statement of intent to appeal in order to reserve appeal rights under a consent decree.

Reasoning: The court emphasized that an explicit reservation should clearly state the intent to appeal, which the defendants failed to do.

Waiver of Appeal Rights in Consent Decrees

Application: The court ruled that defendants in a consent decree waived their appeal rights due to not explicitly reserving the right to appeal at the time the decree was issued.

Reasoning: The court cited precedents indicating that a party to a consent decree cannot appeal unless they explicitly reserve that right.