OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

Franken v. Pawlenty

Case Information

Date Filed / Ended: January 13, 2009 / March 6, 2009
State: Minnesota
Issues: MN Senate race 2008, Election Contest, Recount Resources
Courts that Heard this Case: Minnesota Supreme Court (Case A09-0064)

Issue:

Whether Senate candidate Al Franken is entitled to receive an election certificate signed by the governor and secretary of state while an election contest brought by his opponent, Norm Coleman, is ongoing.

Status:

Petition filed by Franken on 1/13.  Norm Coleman filed motion to intervene 1/14. Brief of Al Franken filed 1/20. Respondents' Brief filed 1/26. Intervenor's Brief filed 1/26. Al Franken's Reply Brief filed 1/28. Opinion entered 3/6.

Minnesota Supreme Court Documents

MN Courts Document Page

Commentary

Edward B. Foley

The Missing Link in Gerrymandering Jurisprudence

Edward B. Foley

The key advance is the ability to identify whether a redistricting map is an extreme outlier in the degree of its partisan bias.

more commentary...

In the News

Daniel P. Tokaji

A path through the thicket the First Amendment right of association

A post written by Professor Dan Tokaji for SCOTUSblog during their Summer Symposium on Gill v. Whitford was reprinted on ACSblog.

“A constitutional standard for partisan gerrymandering is the holy grail of election law. For decades, scholars and jurists have struggled to find a manageable standard for claims of excessive partisanship in drawing district lines," Tokaji writes. "Most of these efforts have focused on the equal protection clause. But as Justice Anthony Kennedy suggested in Vieth v. Jubelirer, the First Amendment provides a firmer doctrinal basis for challenging partisan gerrymandering.”
 

more EL@M in the news...

Info & Analysis

U.S. Supreme Court Grants Texas\' Request for Stay in Redistricting Case

In two 5-4 votes, the U.S. Supreme Court granted stays in a Texas redistricting case involving Congressional and state house questions, putting on hold the district court\'s orders for the Texas legislature to redraw certain district lines. The stays will be in place until the Supreme Court rules on Texas\' appeal, likely next year. The case is Perez v. Abbott.

more info & analysis...