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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

Ohio Early Voting Case: A Potential Precedent-Setter

Edward B. Foley

Today’s federal district court ruling in the Ohio early voting lawsuit will set a major precedent of nationwide significance if its novel legal theory is sustained on appeal.

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In the News

Daniel P. Tokaji

Ohio treasurer receives OK to host town halls

Professor Daniel Tokaji was quoted in an article from the Associated Press about an attorney general opinion that allows the Ohio treasurer to conduct telephone town halls using public money. The opinion will likely have broad ramifications for the upcoming elections, Tokaji said.

“As a practical matter, while that legal advice is certainly right, very serious concerns can arise about whether these are really intended to inform Ohio constituents about the operations of his office or if they’re campaign events,” he said.

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Info & Analysis

Seventh Circuit Order Permits Wisconsin's Voter ID Law to Take Effect

Today, the U.S. Court of Appeals for the Seventh Circuit granted a stay in two cases, allowing Wisconsin's voter ID law to become effective for the upcoming November elections. The cases are Frank v. Walker and LULAC v. Deininger.

more info & analysis...