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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Favors v. Cuomo

Case Information

Date Filed: November 17, 2011
State: New York
Issue: Redistricting
Courts that Heard this Case: United States District Court for the Eastern District of New York (Case 1:11-cv-05632 )

Issue:

Whether New York's redistricting procedure violates the Due Process and Equal Protection Clauses of the 14th Amendment, among other provisions.

Status:

Complaint filed 11/17/11. Motion to Dismiss Denied 5/16/12. Answer to Cross Claim filed 6/18/12. Assembly Majority's Motion for Summary Judgment on Equal Population claims and section 2 claims filed 6/29/12. Stipulation of Dismissal of Voting Rights Act Section 2 claims against Assembly defendants filed 12/18/12. Final Judgment Order filed 11/5/13. Amended Judgment Order filed 11/8/13. Order granting Motion for Summary Judgment filed 5/22/14. Plaintiff-Intervenors' First Motion for Reconsideration filed 6/4/14. Defendants' Objection to Magistrate's Report and Recommendation filed 6/6/14. Order denying Motion for Reconsideration filed 7/25/14. Order adopting Report and Recommendation filed 8/14/14. Order closing Case filed 8/14/14. Order that Clerk enter Judgment filed 9/5/14. Clerk's Order in favor of the Senate majority filed 9/11/14.

District Court Documents

 

Commentary

Edward B. Foley

The Constitution Needed a Judicial Assist

Edward B. Foley

“The majority contends that its counterintuitive reading of ‘the Legislature’ is necessary to advance the ‘animating principle’ of popular sovereignty.” With this sentence in his dissent (at page 14), Chief Justice Roberts gets to the heart of the debate in today’s 5-4 decision in the Arizona redistricting case.

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In the News

David  Stebenne

Can Kasich win all 88 Ohio counties?

Professor David Stebenne was quoted in an Ohio Watchdog article about the possibility of Governor John Kasich winning all 88 Ohio counties in his re-election bid.

“It’s really hard to do,” he said. “As popular as the governor is and as weak as his opponent is, I doubt he’ll carry all 88 (counties).”

Stebenne said Ohio has some unusual counties, which tend to be really Democratic or really Republican.

He said a good example was the election of 1956, when President Dwight Eisenhower carried 87 of 88 Ohio counties.

“He lost one of the Appalachian counties — a poor county where the residents tend to vote Democratic no matter what,” Stebenne said. “There was even some humorous discussion in the Oval Office about that one county.”

Glenn and Voinovich were “the two most popular candidates in modern history,” he added, “and they each only did it once. While Kasich is popular, he really doesn’t have the broad appeal that these two did.”

Stebenne said that both Voinovich and Kasich come from communities that tend to be more Democratic in voter registration, but that Kasich’s first race for governor was more divisive than the races for Voinovich.

“Voinovich had electoral success in Cleveland and as governor because he was able to persuade Democrats to vote Republican,” he said. “Glenn had national appeal across party lines.”

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Info & Analysis

SCOTUS Upholds Arizona Redistricting Commission

In an opinion released today, the U.S. Supreme Court upheld Arizona\'s use of an independent commission to draw the boundaries of federal Congressional districts. The Court determined that the commission is permissible under the Elections Clause of the U.S. Constitution and 2 U.S.C. 2a(c). The case is Arizona Legislature v. Arizona Independent Redistricting Commission.

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