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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Obama for America v. Husted

Case Information

Date Filed: July 17, 2012
State: Ohio
Issue: Early Voting
Courts that Heard this Case: United States District Court for the Southern District of Ohio (Case 2:12cv00636); United States 6th Circuit Court of Appeals (Case 12-4055); United States Supreme Court (Case 12A338)

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. Status Conference scheduled held 3/18/14. Dispositive motions due 5/1/14. Plaintiffs' Motion for Summary Judgment filed 5/1/14. Defendants' Response to Motion for Summary Judgment filed 5/9/14. Opinion and Order Granting Permanent Injunctive Relief to Plaintiffs filed 6/11/14.

District Court Documents

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

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

Fourth Circuit Upholds Virginia Voter ID Law

Today, the Fourth Circuit U.S. Court of Appeals affirmed the decision of the district court upholding Virginia\'s voter ID law. The court disagreed with assertions that the law imposed an undue burden on minority voters or was enacted with racially discriminatory intent. The case is Lee v. Virginia Board of Elections.

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