OSU Navigation Bar

Election Law @ Moritz Home Page

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.

more commentary...

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.”
 

more EL@M in the news...

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.

more info & analysis...