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Election Law @ Moritz

Election Law @ Moritz


Litigation

LULAC of Texas v. State of Texas

Case Information

Date Filed / Ended: May 9, 2008 / March 11, 2009
State: Texas
Issues: Selection of Presidential Electors, Vote Dillution
Courts that Heard this Case: U.S. District Court for the Western District of Texas (Case 5:08-cv-00389); U.S. Court of Appeals for the 5th Circuit (Case 08-50581)

Issue:

Whether the Texas Democratic Primary process unlawfully undervalues the votes of Latino voters.

Status:

Notice of Appeal to the U.S. Court of Appeals (5th Circuit) filed 6/9/08.  Appellant filed brief on 7/30/08.  Appellee filed briefs on 8/26/08 and 9/15/08.  Reply brief filed by Appellant on 9/30/08.  Oral Argument scheduled for 2/2/09 on 12/16/08. Oral Argument heard 2/4/09. Judgment entered and filed 2/17/09.  Mandate issued 3/11/09.

Appellate Court Documents

District Court Documents

Related Links

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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