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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

North Carolina v. North Carolina NAACP

Case Information

Date Filed: August 12, 2013
State: North Carolina
Issues: Voter ID, Voting Rights Act
Current Court: U.S. Supreme Court (Case 16-833)

Issue:

Do the provisions of HB 589 (Voter ID requirements) violate Section 2 of the Voting Rights Act (42 U.S.C. 1973) and the Fourteenth and Fifteenth Amendments of the Constitution?

Status:

Fourth Circuit U.S. Court of Appeals opinion reversing District Court filed 7/29/16. Motion for Stay filed 8/3/16. Order Denying Stay filed 8/4/16. Emergency Stay Application filed with U.S. Supreme Court 8/15/16. Responses filed 8/25/16. Order Denying Stay filed 8/31/16. Emergency Motion to Enforce Injunction filed in District Court 10/1/16. Order denying Motion to Enforce Injunction filed 10/13/16. Order Denying Motion for Injunction Pending Appeal filed 10/19/16. Motion to Voluntarily Dismiss Appeal 11/1/16. Petition for Writ of Certiorari filed in U.S. Supreme Court 12/27/16. Response to Petition filed 1/19/17. Reply of North Carolina filed 2/13/17. Reply of North Carolina AG filed 3/9/17. Private Respondents' Motion to Add NC General Assembly as Petitioner filed 3/9/17. Petition for Writ of Certiorari denied 5/15/17.

Related cases: League of Women Voters of North Carolina v. Howard and United States v. North Carolina.

District Court Documents

Fourth Circuit Court of Appeals Documents (first appeal)

 

Fourth Circuit Court of Appeals Documents (second appeal)

Fourth Circuit Court of Appeals Documents (third appeal)

U.S. Supreme Court Documents

 

Commentary

Edward B. Foley

The Missing Link in Gerrymandering Jurisprudence

Edward B. Foley

The key advance is the ability to identify whether a redistricting map is an extreme outlier in the degree of its partisan bias.

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In the News

Daniel P. Tokaji

A path through the thicket the First Amendment right of association

A post written by Professor Dan Tokaji for SCOTUSblog during their Summer Symposium on Gill v. Whitford was reprinted on ACSblog.

“A constitutional standard for partisan gerrymandering is the holy grail of election law. For decades, scholars and jurists have struggled to find a manageable standard for claims of excessive partisanship in drawing district lines," Tokaji writes. "Most of these efforts have focused on the equal protection clause. But as Justice Anthony Kennedy suggested in Vieth v. Jubelirer, the First Amendment provides a firmer doctrinal basis for challenging partisan gerrymandering.”
 

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Info & Analysis

U.S. Supreme Court Grants Texas\' Request for Stay in Redistricting Case

In two 5-4 votes, the U.S. Supreme Court granted stays in a Texas redistricting case involving Congressional and state house questions, putting on hold the district court\'s orders for the Texas legislature to redraw certain district lines. The stays will be in place until the Supreme Court rules on Texas\' appeal, likely next year. The case is Perez v. Abbott.

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