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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

One Wisconsin Institute v. Thomsen

Case Information

Date Filed: May 29, 2015
State: Wisconsin
Issues: Voter ID, Early Voting, Student Voting
Current Court: U.S. Court of Appeals for the Seventh Circuit (Case 16-3091, 16-3083)

Issue:

Whether several Wisconsin statutes (Act 23, Act 240, Act 76, Act 177, Act 75, Act 227, Wis. Stat. §§ 6.855-.86, Wis. Stat. § 5.02, Wis. Stat. § 6.34, Wis. Stat. § 6.79, and Wis. Stat. § 6.97) are in violation of: Section 2 of the Voting Rights Act, the First Amendment, the Fifteenth Amendment, the Twenty-Sixth Amendment, and the Equal Protection Clause of the Fourteenth Amendment. Counts are as follows.

Count I: Violations of Section 2 of the Voting Rights Act

Count II: Undue Burdens on the Right to Vote in Violation of the First Amendment and the Equal Protection Clause of the Fourteenth Amendment

Count III: Disparate Treatment of Voters without a Rational Basis in Violation of the Equal Protection Clause of the Fourteenth Amendment

Count IV: Partisan Fencing in Violation of the First Amendment and the Equal Protection Clause of the Fourteenth Amendment

Count V: Abridgment or Denial of the Right to Vote on the Basis of Race in Violation of the Equal Protection Clause of the Fourteenth Amendment and Fifteenth Amendment

Count VI: Abridgment or Denial of the Right to Vote on the Basis of Age in Violation of the Twenty-Sixth Amendment

Status:

Complaint filed on 5/29/15. Amended complaint filed 6/22/16. Answer filed 7/22/15. Motion to Dismiss filed 7/22/15. Opinion and Order on Defendants' Motion to Dismiss filed 12/17/15. Motion for summary judgment filed by defendants 1/11/16. Second amended complaint filed 3/25/16. Trial beginning May 16. District Court's Findings of Fact and Conclusions of Law filed 7/29/16. Motion to Stay filed 8/3/16. Notice of Appeal filed 8/3/16. Petition for Initial En Banc Review filed 8/3/16. Motion to Expedite filed 8/3/16. District Court Order denying stay in substantial part filed 8/11/16. Emergency Motion to Stay filed in Seventh Circuit 8/12/16. 7th Circuit Order Denying Initial En Banc Hearing filed 8/26/16. Appellants' Brief and Appendix filed 9/12/16. Status Report on Efforts to Inform Public filed 9/22/16. District Court Opinion and Order Granting Plaintiffs' Remedy in Part 10/13/16. Appellees' Brief in Seventh Circuit filed 10/21/16. Final Appendix filed 12/7/16. Oral Argument scheduled for 1/17/17. Oral Argument rescheduled for 2/24/17.

 

District Court Documents

Seventh Circuit Court of Appeals 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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