Last Updated: September 10, 2010 at 1:39 PM
McCorvey v. Browning
Case Information
Date Filed / Ended: April 7, 2008 / July 13, 2008
State: Florida
Issue: Selection of Presidential Electors
Courts that Heard this Case: U.S. District Court for the Northern District of Florida (Case 4:08-cv-00218)
Issue:
Whether Florida's amendment of statutory Section 103.101, which changed the date of Florida's primary election in violation of the Democratic National Party's rules, violated plaintiff's rights under the first and fourteenth amendments of the constitution.
Status:
Complaint filed 4/7/08. Defendants' Motions to Dismiss and Plaintiff's Motion for Summary Judgment are pending. Court granted Motion to Dismiss as to the AG but denied it as to the Sec State (7/13). Motion for Summary Judgment denied (7/13) and case is stayed until after the November elections.
District Court Documents
- COMPLAINT
(filed 4/7/08) - First MOTION to Dismiss by BILL MCCOLLUM (filed 4/15/08)
- ORDER of Deficiency regarding Motion to Dismiss by BILL MCCOLLUM (entered 4/29/08)
- Second MOTION to Dismiss as Corrected by BILL MCCOLLUM (filed 5/1/08)
- NOTICE of Pendency of Other or Prior Similar Actions by KURT BROWNING (filed 5/5/08)
- Consent MOTION to Transfer Case to Tallahassee Division, Northern District of Florida by ELVIN MCCORVEY, KURT BROWNING (filed 5/5/08)
- MOTION to Dismiss by KURT BROWNING (filed 5/5/08)
- RESPONSE in Opposition re MOTION to Dismiss (filed 5/8/08)
- ORDER - GRANTED, CONSENT MOTION TO TRANSFER CASE TO TALLAHASSEE DIVISION (entered 5/9/08)
- MOTION for Summary Judgment PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (filed 5/13/08)
- MEMORANDUM in Support re MOTION for Summary Judgment (filed 5/13/08)
- Joint MOTION to Reassign Case by ELVIN MCCORVEY (filed 5/14/08)
- MOTION to Expedite Consideration of Plaintiff's Motion for Summary Judgment (filed 5/14/08)
- RESPONSE in Opposition re MOTION for Summary Judgment (filed 5/27/08)
- PLAINTIFF'S REPLY BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT (filed 5/29/08)
- ORDER REASSIGNING CASE. Case reassigned to CHIEF JUDGE ROBERT L HINKLE for all further proceedings. (entered 6/06/2008)
- ORDER DISMISSING CLAIMS AGAINST ATTORNEY GENERAL, DENYING OTHER MOTIONS, AND STAYING FURTHER PROCEEDINGS (entered 7/13/2008)
Commentary
A Poster Child for Dysfunctional Districting
Daniel P. Tokaji
Fifty years ago next month, the U.S. Supreme Court decided Baker v. Carr (1962), inaugurating the “reapportionment revolution” which led to the redrawing of legislative districts across the country. This milestone provides the opportunity to reflect not only on what has been accomplished, but also on what still needs to be done.
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