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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

The Real Truth About Abortion, Inc. v. Federal Election Commission, et al.

Case Information

Date Filed: July 30, 2008
State: National
Issue: Campaign Finance
Courts that Heard this Case: U.S. District Court for the Eastern District of Virginia (Case 3:08-cv-00483); U.S. Circuit Court for the 4th Circuit (Case 11-1760 ); U.S. Supreme Court (Case 12-311)

Issue:

Whether an injunction should be issued regarding the FEC’s policy for implementing the “major purpose” test in federal political committee determinations.

Status:

Notice of appeal filed 7/16/11. Opinion Granting DOJ's Motion for Summary Judgment entered 6/16/11. Notice of Supplemental Authority to Motion for Summary Judgment filed 2/9/11.  Response to Notice filed by Federal Election Commission on 2/14/11. Final Order Granting the Department of Justice's FEC's Motion for Summary Judgment filed 6/16/11. Notice of appeal filed 7/16/11. Appellant files Circuit Court brief 9/19/11. Circuit Court oral arguments held 3/21/12. Opinion issued 6/12/12. Formal Mandate issued 8/6/12. Petition for cert filed 9/13/12. Brief in Opposition filed 11/13/12. Reply Brief filed 11/26/12. Order Denying Cert. Petition filed 1/7/13.

District Court Documents

Circuit Court 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

Voter ID Laws Are So Last (Election) Season

Professor Edward Foley was quoted in Bloomberg BNA about voter ID laws implemented during the last election cycle. The “voting wars will continue,” Foley said, as incoming state legislators start to reconsider new election laws.

He also discussed the number of last-minute, conflicting court decisions made throughout the election cycle that struck down voting restrictions in some states, while upholding them in others. The U.S. Supreme Court’s decision to dismantle part of the Voting Rights Act in 2013 created a “hunger for clarity” in regards to how lower courts consistently determine the legality of voting restrictions, he said.

 

 

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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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