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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

League of Women Voters v. Newby

Case Information

Date Filed: February 12, 2016
State: Kansas
Issue: Voter Registration
Current Court: United States District Court for the District of Columbia (Case 1:16-cv-00236)

Issue:

Whether the EAC unlawfully permitted certain states to modify the national uniform mail-in voter registration form by requiring documentary proof of citizenship.

Status:

Complaint and Motion for Temporary Restraining Order and Preliminary Injunction filed 02/12/16. Answer filed 4/22/16. Opinion denying motion for preliminary injunction filed 6/29/16. Notice of Appeal filed 7/1/16. Appellants' Brief and Joint Appendix filed 7/18/16. Motion for summary judgment filed in District Court 7/22/16. Federal Appellees' Brief filed 7/27/16. Kobach's Appellee Brief filed 8/3/16. Per Curiam Judgment and Order Reversing District Court filed 9/9/16. District Court opinion and order remanding case to EAC filed 2/24/17.

 

District Court Documents

D.C. Circuit Court of Appeals Documents

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.

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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.”
 

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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.

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