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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

White House drops Obama-era discrimination claim against Texas voter ID law

Professor Edward Foley was quoted in The Christian Science Monitor in an article about how the Trump administration dropped a discrimination claim against a Texas voter ID law. Viewed as one of the strictest voting requirements in the country by voting rights advocates, the law required voters to show one of seven valid forms of ID.

A federal appeals court ruled last year that the law disproportionately impacted minorities and those living in poverty. The court required the state to adjust its requirements before the general election. According to court testimony, Hispanic voters were twice as likely to lack proper ID under the law, while black voters were three times as likely.

“Voting litigation is increasing, not decreasing,” Foley said. “The main impression … is that when a law looks like it’s engaging in outright disenfranchisement of a valid voter, even conservative judges have been stopping that. [But] the judiciary is more tolerant with state legislatures adjusting issues of convenience and accessibility, if the adjustment is not outright disenfranchisement.”
 

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Info & Analysis

Three-Judge Panel Finds Voting Rights Act and Constitutional Violations in Creation of Texas House of Representatives Districts

A little over a month after ruling that Texas\' Congressional redistricting plan violated the Voting Rights Act and the U.S. Consistution, a three-judge panel similarly ruled (2-1) with regard to the creation of Texas\' state-level House of Representatives districts. The court issued a 171-page order in which it ruled for the state on some claims. The court also made separate findings of fact. The case is Perez v. Abbott.

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