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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

Publication of new BALLOT BATTLES book

Edward B. Foley

I'm delighted that Oxford University Press has published my new book Ballot Battles: The History of Disputed Elections in the United States. I've collected links to last week's blogging related to the book's release. 

more commentary...

In the News

Daniel P. Tokaji

What would it take to find out for sure if Ted Cruz (or others like him) is eligible for the presidency?

Professor Daniel P. Tokaji's research was quoted in a Washington Post article:

The most common route for aggrieved partisans, in this case opponents of Cruz, are the federal courts. But the courts are unlikely to go near the question just because someone brings a lawsuit. If some gadfly, for example, were to sue in federal court to keep Cruz off the ballot, the chances of any judge stepping in to settle the question is close to zero. 

There’s little dispute about that according to, among many others, Ohio State University law professor Daniel P. Tokaji, writing in the Michigan Law Review.

more EL@M in the news...

Info & Analysis

New state voting laws face first presidential election test

more info & analysis...