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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 Electoral Fix We Really Need

Edward B. Foley

The Electoral College winner should be the majority choice in each state that counts towards that Electoral College victory.

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In the News

Edward B. Foley

Anti-Trumpersí Most Futile Effort Yet to Stop Trump from Being Sworn In

Professor Edward Foley was quoted in Law Newz about efforts to persuade Chief Justice John Roberts to decline conducting Donald Trump’s Oath of Office on Inauguration Day. Even though the U.S. Constitution requires the President to take an oath of office, the the Chief Justice is not required to administer it. It is unlikely that such attempts will prevent Trump from being sworn in, Foley said.

“I think the main point is that the oath doesn’t need to be administered by the Chief Justice,” he said. “After Kennedy’s assassination, a federal district judge in Texas administered the oath to Johnson.”
 

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Info & Analysis

Fourth Circuit Upholds Virginia Voter ID Law

Today, the Fourth Circuit U.S. Court of Appeals affirmed the decision of the district court upholding Virginia\'s voter ID law. The court disagreed with assertions that the law imposed an undue burden on minority voters or was enacted with racially discriminatory intent. The case is Lee v. Virginia Board of Elections.

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