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Election Law @ Moritz

Election Law @ Moritz


Litigation

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

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

Federal District Court Panel Finds Unconstitutional Gerrymandering in Alabama

In an opinion released today, a three-judge panel of the U.S. District Court for the Middle District of Alabama found unconstitutional gerrymandering in 12 Alabama districts. In a separate concurring and dissenting opinion, one judge on the panel would have found more districts unconstitutionally drawn. The case is Alabama Democratic Conference v. Alabama.

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