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Election Law @ Moritz

Election Law @ Moritz



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)


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


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



Edward B. Foley

The Claim that the Media is Rigging the Election--and Citizens United

Edward B. Foley

This post floats a tentative thought, welcoming reaction to it (but isn't that in part what blogging is for? :-) Elsewhere, I've addressed the current claims that the election might be rigged through modern-day equivalents of old-fashioned ballot-box stuffing.  Here, I want to consider the other current claim being made: that the mainstream media is rigging (or attempting to rig) the election, as Trump, Pence, and other supporters of their ticket are claiming. 

more commentary...

In the News

Edward B. Foley

A post-Thanksgiving presidential concession speech?

Professor Edward Foley was quoted in McClatchy DC in an article about how long it could take Donald Trump to concede the election, if he loses.

“There’s never a winner or loser on election night, it’s only as a matter of law at the time of certification,” Foley said.

more EL@M in the news...

Info & Analysis

Federal Judge Finds Florida Absentee Voting Law Unconstitutional

Over the weekend, U.S. District Judge Mark Walker issued an order finding part of Florida\'s absentee voting law unconstitutional. In granting the plaintiffs\' motion for a preliminary injunction, Judge Walker determined that Florida\'s statutory scheme requiring automatic rejection of absentee ballots with signatures not matching those on file unlawfully disenfranchised voters. The case is Florida Democratic Party v. Detzner.

This case follows another Florida case in which Judge Walker ordered the state to extend the voter registration deadline by a week in the aftermath of Hurricane Matthew. That case is Florida Democratic Party v. Scott.

more info & analysis...