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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Benisek v. Lamone

Case Information

Date Filed: November 11, 2013
State: Maryland
Issue: Redistricting
Current Court: US Supreme Court (Case 17-333)

Issue:

Original Issue before U.S. Supreme Court: Whether a single-judge district court can conclude that a three-judge panel is not required to hear a 28 U.S.C. § 2284 complaint, not because it is insubstantial, but because the complaint fails to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure, as determined by the court.

Current Issue: Whether the Maryland legislature's redrawing of Congressional district lines violates the U.S. Constitution.

Status:

US District Court for the District of Maryland Opinion filed on 04/08/2014. US Court of Appeals for the 4th Circuit Opinion filed on 10/07/2014. US Supreme Court Granted Petition for Writ of Cert on 06/08/2015. Oral Argument held on 11/04/15. U.S. Supreme Court Opinion filed 12/8/15. Second Amended Complaint on remand filed 3/3/16. Motion to Dismiss filed 4/20/16. Opinion and Order Denying Motion to Dismiss filed 8/24/16. Answer to Amended Complaint filed 9/7/16. Plaintiffs' Motion for Preliminary Injunction filed 5/31/17. Joint Status Report filed 6/2/17 and 6/30/17. Defendants' Cross-Motion for Summary Judgment filed 6/30/17. Memorandum Opinion Denying Plaintiffs' Motion for Preliminary Injunction filed 8/24/17. Order Entering Stay filed 8/24/17. Notice of Appeal to U.S. Supreme Court filed 8/25/17. Jurisdictional Statement filed 9/1/17. Motion to Expedite filed 9/1/17.

 

District Court Documents


Circuit Court of Appeals Documents

U.S. Supreme Court 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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