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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 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

D.C. Circuit Upholds Campaign Finance Statute

In an opinion issued today, the United States Court of Appeals for the District of Columbia upheld a federal statute barring individuals who have government contracts from making political campaign contributions. The case is Wagner v. FEC.

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