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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Rucho v. Common Cause

Case Information

Date Filed: August 5, 2016
State: North Carolina
Issue: Redistricting
Current Court: U.S. Supreme Court (Case 17A745)

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. Order granting stay filed 1/18/18.

 

District Court Documents

U.S. Supreme Court Documents

 

Commentary

Edward B. Foley

A Special Master for the Cohen Case?

Edward B. Foley

There should be a strong presumption against special treatment just because the president is involved. 

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In the News

Edward B. Foley

Friday round-up

A blog post written by Professor Edward Foley for ElectionLaw@Moritz about the U.S. Supreme Court case Benisek v. Lamone was requoted in SCOTUSblog. 

 

“[There] are reasons to be skeptical, at least early in the stages of the intellectual inquiry, that there would be a single ‘grand unified theory of partisan gerrymandering’ under the U.S. Constitution,” Foley writes. 


more EL@M in the news...

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...