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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Fair Elections Ohio, Brunner v. Husted

Case Information

Date Filed: August 24, 2012
State: Ohio
Issue: Early Voting
Courts that Heard this Case: United States District Court for the Southern District of Ohio (Case 2:12-cv-00763-GCS-MRA)

Issue:

Whether Ohio unconstitutionally burdened citizens' right to petition by referendum when it refused to place on the ballot a petition challenging a law on Ohio elections (including early voting).

Status:

Complaint filed 8/24/12. Motion to Dismiss filed 1/14/13. Opinion and order filed 6/19/13.

 

District Court Documents

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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Info & Analysis

U.S. Supreme Court to Hear Wisconsin Gerrymandering Case

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.

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