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Litigation

 

Common Cause v. Rucho

Case Information

Date Filed: August 5, 2016
State: North Carolina
Issue: Redistricting
Current Court: United States District Court for the Middle District of North Carolina (Case 1:16-CV-1026)

Issue:

Whether North Carolina's 2016 Congressional Redistricting Plan violates:

(1) the First Amendment;

(2) the Due Process Clause of the Fourteenth Amendment

(3) the Equal Protection Clause of the Fourteenth Amendment

(4) Article I, Section 2 of the U.S. Constitution because representatives would allegedly not be chosen by "the people of the several states" but in effect by the majority party of the state legislature; and

(5) Article I, Section 4 of the U.S. Constitution regarding state legislatures' authority to prescribe the times, places, and manner of holding elections.

Status:

Complaint filed 8/5/16. Time to file answer extended to 10/31/16. Answer filed 3/3/17. Opinion and Order denying motion to dismiss filed 3/3/17. Parties' Proposed Findings of Fact and Conclusions of Law filed 6/5/17. Defendants' Motion for Stay filed 6/26/17. Responses to Motion for Stay filed 7/17/17. Order Denying Stay filed 8/29/17 with Memorandum Opinion filed 9/8/17. Notice of Bench Trial starting Oct. 16, 2017 filed 9/11/17. Parties' Post-Trial Briefs and Proposed Findings of Fact and Conclusions of Law filed 11/6/17. Opinion finding unconstitutional gerrymander filed 1/9/18. Emergency Motion to Stay Pending Supreme Court Review filed 1/11/18.

 

District Court Documents

Commentary

Edward B. Foley

Flagging Online Falsehoods

Edward B. Foley

A remedy for foreign disinformation attacks

more commentary...

In the News

Edward B. Foley

Ohio voters may change way Congress lines are drawn

Professor Edward Foley was quoted in the Dayton Daily News about the potential outcomes of several cases before the U.S. Supreme Court that will address partisan gerrymandering.

“One direction is the court basically abandoning any role to try to police excessive partisanship in these maps,” Foley said. “The other fork in the road would take the federal judiciary down the path of being something of a police officer on this issue.”
 

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Info & Analysis

Federal Court Finds Unconstitutional Partisan Gerrymandering in North Carolina

A three-judge panel of the U.S. District Court for the Middle District of North Carolina released a lengthy opinion Tuesday finding that North Carolina\'s 2016 Congressional Redistricting Plan was an unconstitutional partisan gerrymander. The case is Common Cause v. Rucho.

more info & analysis...