Last Updated: February 22, 2013 at 10:52 AM
Obama for America v. Husted
Case Information
Date Filed: July 17, 2012
State: Ohio
Issue: Early Voting
Current Court: United States District Court for the Southern District of Ohio (Case 2:12cv00636)
Issue:
Whether Ohio's current election law, which restricts early voting in the three days prior to an election on certain voters, violates 42 USCA 1983 and/or the Equal Protection Clause of the 14th Amendment.
Status:
Complaint filed 7/17/12. Motion for Preliminary Injunction filed 7/17/12. Motion to Intervene Granted 8/6/12. Hearing on Motion for Preliminary Injunction held 8/15/12. Opinion and Order Granting Motion for Preliminary Injunction filed 8/31/12. Notice of Appeal of Preliminary Injunction filed 9/4/12. Motion to Enforce Court's Order filed 9/5/12. Hearing on Motion set for 9/13/12. Hearing set for 9/13/12 vacated. Appellants' brief filed 9/10/12. Appellees' brief filed 9/17/12. Reply Brief filed 9/21/12. Opinion affirming district court filed 10/5/12. Application for stay filed in Supreme Court 10/9/12. Reply Brief filed 10/13/12. Stay denied 10/16/12. Answer filed 12/3/12.
District Court Documents
- Complaint
(filed 7/17/12) - Motion for Preliminary Injunction
(filed 7/17/12)
- Declaration of Donald J. McTigue
(filed 7/17/12)
- Declaration of Donald J. McTigue
- Military Groups' Motion to Intervene
(filed 8/1/12) - Defendants' Memorandum Contra Plaintiffs' Motion for Preliminary Injunction
(filed 8/1/12) - Plaintiffs' Memorandum in Support of Military Groups' Motion to Intervene
(filed 8/3/12) - Defendant's Memorandum in Support of Military Groups' Motion to Intervene
(filed 8/6/12) - Order Granting Military Groups' Motion to Intervene
(filed 8/6/12) - Motion for Leave to File Amicus Curiae Brief of the American Center for Law and Justice Opposing Preliminary Injunction
(filed 8/8/12) - Amicus Brief of the American Center for Law and Justice
(filed 8/8/12) - Plaintiffs' Memorandum of Law in Further Support of Plaintiffs' Motion for a Preliminary Injunction
(filed 8/8/12) - Motion Granting Leave to File Amicus Brief for the American Center for Law and Justice and Deeming Brief to be Filed Instanter
(filed 8/9/12) - Exhibit Lists
(filed 8/13/12) - Cuyahoga County's Motion for Leave to File an Amicus Brief Supporting Plaintiffs
(filed 8/15/12)Cuyahoga County's Amicus Brief
(filed 8/15/12) - Defendants' Notice of Secretary of State Directive 2012-35
(filed 8/15/12) - Plaintiff's Supplemental Memorandum
(filed 8/16/12) - Defendants' Response to Plaintiffs' Supplemental Memorandum
(filed 8/17/12) - Plaintiffs' Memorandum to the Court on Further Developments
(filed 8/19/12) - Opinion and Order Granting Preliminary Injunction
(filed 8/31/12) - Notice of Appeal of Preliminary Injunction
(filed 9/4/12) - Plaintiff's Motion to Enforce the Court's Order
(filed 9/5/12) - Notice of Hearing and Order that Secretary Husted Attend
(filed 9/5/12) - Secretary Husted's Response to Motion to Enforce Court Order
(filed 9/7/12)
- Order on Secretary Husted's Response
(filed 9/7/12) - Order Vacating Hearing
(filed 9/10/12) - Plaintiff's Response to Defendant's Motion for Stay Pending Appeal
(filed 9/10/12) - Order Denying Stay
(filed 9/12/12) - Defendants' Motion for Extension of Time to File a Response
(filed 11/2/12) - Order Granting Defendants' Motion for Extension of Time to File a Response
(filed 11/6/12) - Defendants' Answer
(filed 12/3/12) - Notice of Preliminary Pretrial Conference
(filed 12/5/12) - Notice of Withdrawal of Motion to Dismiss Filed by Defendant-Intervenors
(filed 12/10/12) - Notice of Conference Change
(filed 1/30/13) - Rule 26f Report
(filed 2/14/13) - Preliminary Pretrial Order
(filed 2/21/13)
Court of Appeals Documents
- Order Expediting Appeal
(filed 9/4/12) - Expedited Briefing Schedule
(filed 9/4/12) - Statement of Parties and Issues
(filed 9/7/12) - Revised Briefing Schedule
(filed 9/10/12) - Opening Brief of Appellants Husted and DeWine
(filed 9/10/12) - Brief of Intervenor Military Groups
(filed 9/10/12) - Brief for Amicus Curiae Eagle Forum Education and Legal Defense Fund
(filed 9/13/12) - Motion for Leave to File Amicus Brief of American Center for Law and Justice
(filed 9/17/12) - Brief for Plaintiffs-Appellees
(filed 9/17/12) - Vote Vets Action Fund Amicus Brief
(filed 9/19/12) - Board of Mahoning County Commissioners Amicus Brief
(filed 9/20/12) - Reply Brief of Appellants Husted and DeWine
(filed 9/21/12) - Husted's Dates of Unavailability
(filed 9/21/12) - Amicus Curiae Brief of Lucas County
(filed 9/24/12) - Brief of Amicus Curiae State Representative Kathleen Clyde
(filed 9/24/12) - Order Granting Motions to File Amici Briefs
(filed 9/28/12) - Opinion and Order Affirming District Court
(filed 10/5/12) - Mandate Issued with No Costs Taxed
(filed 10/30/12)
Supreme Court Documents
- Application for Stay
(filed 10/9/12)
- Response
(filed 10/12/12) - Intervenors' Response
(filed 10/12/12) - Motion to File Amicus Brief by Ohio State Senators
(filed 10/12/12) - Amicus Brief of Various States
(filed 10/12/12) - Reply Brief of Secretary of State Husted and AG Dewine
(filed 10/13/12) - Application for Stay Denied
(filed 10/16/12)


Commentary
Arizona: Voter Registration and the Road Ahead
Justin Levitt
June arrived with two election law cases at the Supreme Court. One is still pending: a highly anticipated decision on section 5 of the Voting Rights Act. The other, more frequently overlooked, was decided yesterday. And there are some quirks of the opinion that seem to depart from the swiftly congealing conventional wisdom that the states might actually have "won," and now need only run out the clock.
more commentary...