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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 District Court for the District of Maryland (Case 13-cv-3233)

Issue:

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.

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.

 

District Court Documents


Circuit Court of Appeals Documents

U.S. 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

District Judge Dismisses Georgia Voter Rolls Case

In an order released late Friday, U.S. District Judge Timothy Batten dismissed a lawsuit filed against Georgia\'s Secretary of State by the advocacy organization Common Cause, which alleged that Georgia unlawfully removed voters from registration lists preceding the 2016 Presidential election. The case is Common Cause v. Kemp.

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