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Latest Information & Analysis   

U.S. Supreme Court to Hear Wisconsin Gerrymandering Case

Jun. 20 (9:28 AM) - On Monday, the U.S. Supreme Court agreed to consider a gerrymandering case involving Wisconsin state legislative districts. The court also granted a request by the state to temporarily block the lower court\'s decision until the appeal is resolved. The case is Gill v. Whitford.

U.S. Supreme Court Declines to Hear Ohio Case on Minor Voting Form Errors

Jun. 20 (9:24 AM) - On Monday, the U.S. Supreme Court declined to consider an appeal in an Ohio voting case in which the plaintiffs sought a court order barring state officials from failing to consider voter forms with immaterial errors. The case is NEOCH v. Husted.

U.S. Supreme Court to Hear Ohio Voter Registration Case

May. 31 (10:03 AM) - Yesterday, the U.S. Supreme Court issued an order (see p. 3) granting the state\'s certiorari petition in an Ohio case involving the maintenance of voter registration lists. At issue is whether Ohio\'s use of voter inactivity as a reason to send \"confirmation notices\" is consistent with federal law. The case is Ohio A. Philip Randolph Institute v. Husted.

U.S. Supreme Court Affirms District Court: NC Redistricting Unconstitutional

May. 22 (4:57 PM) - In a 5-3 decision, the U.S. Supreme Court affirmed the decision of the District Court, finding that North Carolina\'s Congressional redistricting plan violated the U.S. Constitution. The Court determined that racial considerations unlawfully predominated the designing of the contested districts. The case is Cooper v. Harris.

Judge Orders Georgia to Re-Open Voter Registration for Georgia Special Congressional Election Runoff

May. 4 (5:43 PM) - A U.S. District Judge today ordered the state of Georgia to re-open voter registration until at least May 21st ahead of the June 20th runoff for the seat in Georgia\'s Sixth Congressional District. According to Judge Timothy Batten, the plaintiffs could likely succeed in showing that Georgia\'s reduction in the time its citizens had to register was pre-empted by federal law. The case is Georgia NAACP v. Georgia.

Three-Judge Panel Finds Voting Rights Act and Constitutional Violations in Creation of Texas House of Representatives Districts

Apr. 21 (1:30 PM) - A little over a month after ruling that Texas\' Congressional redistricting plan violated the Voting Rights Act and the U.S. Consistution, a three-judge panel similarly ruled (2-1) with regard to the creation of Texas\' state-level House of Representatives districts. The court issued a 171-page order in which it ruled for the state on some claims. The court also made separate findings of fact. The case is Perez v. Abbott.

U.S. District Judge Again Finds Texas Law in Violation of Voting Rights Act

Apr. 11 (9:22 AM) - On remand from the Fifth Circuit, a U.S. District Judge again determined that Texas\' voter ID law was passed with discriminatory purpose in violation of the Voting Rights Act. The case is Veasey v. Abbott.

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Recount Resources

Election Law @ Moritz has assembled a set of resources concerning the topic of elections going into overtime.

Swing State Focus

Media Hotline: (614) 292-0283

EL@M in the News

Edward B. Foley

Gerrymandering Is Headed Back to the Supreme Court

Professor Edward Foley was requoted in Mother Jones about a gerrymandering case in Wisconsin on its way to the Supreme Court. Other legal actions on partisan gerrymandering in Maryland and in North Carolina may be bound for the Supreme Court as well.

While previous Supreme Court cases have noted that partisan gerrymanders are “incompatible with democratic principles,” The New York Times originally reported, the court has never officially struck a case down. While it remains unseen how the Supreme Court will rule in the upcoming cases, a 2004 ruling from a previous gerrymandering case could play a pivotal role in how the court stands in the future. 

“The ordered working of our Republic, and of the democratic process, depends on a sense of decorum and restraint in all branches of government, and in the citizenry itself,” Justice Anthony M. Kennedy wrote in 2004. Kennedy’s statement is “the most important line” in the decision, Foley told The New York Times, adding,  “He’s going to look at what’s going on in North Carolina as the complete absence of that. I think that helps the plaintiffs in any of these cases.”


 

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Current Litigation

Cooper v. Harris

State: North Carolina
Issue: Whether North Carolina's Congressional redistricting plan violates the U.S. Constitution

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