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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

NAACP v. Husted

Case Information

Date Filed: May 1, 2014
State: Ohio
Issue: Early Voting
Courts that Heard this Case: U.S. District Court for the Southern District of Ohio (Case 2:14-cv-404); U.S. Court of Appeals for the Sixth Circuit (Case 14-3877)

Issue:

Whether Ohio's reduction of early voting days and elimination of same-day registration violates Equal Protection and Section 2 of the Voting Rights Act.

Status:

Complaint filed 5/1/2014. Preliminary Pretrial Conference set for 7/2/14. Answer filed 5/23/14. Motion for Preliminary Injunction filed 6/30/14.Plaintiffs' Filing of Amended Declaration filed 7/1/14. Order filed 7/2/14. Ohio General Assembly's Motion to Intervene filed 7/11/14. Order denying Ohio General Assembly's Motion to Intervene filed 7/3014. Emergency Motion for Reconsideration as to Motion to Intervene filed 7/30/14. Order denying Motion for Reconsideration filed 7/31/14. Memorandum Opinion and Order Granting Motion for Preliminary Injunction filed 9/4/14. Sixth Circuit order expediting review filed 9/11/14. Sixth Circuit order denying stay pending appeal filed 9/12/14. Appellants' Brief filed 9/15/14. Appellees' Brief filed 9/19/14. Opinion affirming District Court filed 9/24/14. Emergency Petition for Rehearing En Banc filed 9/24/14. Appellees' response to emergency petition filed 9/25/14. Emergency Application of Husted and DeWine for Stay filed 9/25/14 in U.S. Supreme Court. Emergency Application of Ohio General Assembly filed in U.S. Supreme Court 9/25/14. Response of NAACP et al filed 9/27/14. Reply of Husted and DeWine filed 9/28/14. Order Granting Stay filed 9/29/14. Ohio General Assembly's Third Motion to Intervene filed 11/10/14. Plaintiffs' Opposition to Motion to Intervene filed 11/25/14. Opinion and Order Denying Motion to Intervene filed 11/26/14. Circuit Court's Order vacating and remanding order denying motion to intervene filed 12/19/14. Order granting Motion to Intervene filed 1/14/15. Settlement agreement filed 4/17/15. Plaintiffs' Stipulation of Dismissal filed 4/17/15.

 

District Court Documents

 

Court of Appeals Documents (Motion to Intervene)

 

Court of Appeals Documents

Supreme 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

Gerrymandering Is Headed Back to the Supreme Court

Professor Edward Foley was requoted in Mother Jones about a gerrymandering case in Wisconsin on its way to the Supreme Court. Other legal actions on partisan gerrymandering in Maryland and in North Carolina may be bound for the Supreme Court as well.

While previous Supreme Court cases have noted that partisan gerrymanders are “incompatible with democratic principles,” The New York Times originally reported, the court has never officially struck a case down. While it remains unseen how the Supreme Court will rule in the upcoming cases, a 2004 ruling from a previous gerrymandering case could play a pivotal role in how the court stands in the future. 

“The ordered working of our Republic, and of the democratic process, depends on a sense of decorum and restraint in all branches of government, and in the citizenry itself,” Justice Anthony M. Kennedy wrote in 2004. Kennedy’s statement is “the most important line” in the decision, Foley told The New York Times, adding,  “He’s going to look at what’s going on in North Carolina as the complete absence of that. I think that helps the plaintiffs in any of these cases.”


 

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Info & Analysis

U.S. Supreme Court Affirms District Court: NC Redistricting Unconstitutional

In a 5-3 decision, the U.S. Supreme Court affirmed the decision of the District Court, finding that North Carolina\'s Congressional redistricting plan violated the U.S. Constitution. The Court determined that racial considerations unlawfully predominated the designing of the contested districts. The case is Cooper v. Harris.

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