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Election Law @ Moritz

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Litigation

 

Stein v. Cortes

Case Information

Date Filed: December 5, 2016
State: Pennsylvania
Issue: Recount Resources
Courts that Heard this Case: U.S. District Court for the Eastern District of Pennsylvania (Case 2:16-cv-06287)

Issue:

The plaintiff brings this action in relation to the difficulty they are facing in gaining a recount in Pennsylvania. The following claims are brought by plaintiff: 

1. Whether the Defendants have are maintaining and implementing a system of voting that denies Pennsylvania voters the right to vote, which has severely burdened voters right to vote in violation of the Equal Protection clause.

2. Whether the Defendants are maintaining and implementing a system that burdens the right to vote and violates Due Process under the Fourteenth Amendment.

3. Whether the Defendants are maintaining and implementing a system that burdens the right to vote and violates the First Amendment.

Status:

Complaint filed 12/5/2016. Motion to Intervene by Trump et al filed 12/5/16. Order setting 12/6/16 deadline for response to Motion to Intervene. Motion for Expedited Hearing on Motion for Preliminary Injunction filed 12/6/16. Memorandum of Law in Support of Motion for Preliminary Injunction filed 12/6/16. Responses in Opposition filed by Trump et al and Cortes12/8/16. Opinion and Order Denying Motion for Preliminary Injunction filed 12/12/16.

 

District Court Documents

Commentary

Edward B. Foley

Filibusters are not for shutdowns

Edward B. Foley

The minority party must win elections, not derail the government, to prevail on policy.

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In the News

Daniel P. Tokaji

http://www.dispatch.com/news/20180207/inside-story-on-ohios-redistricting-deal

Professor Dan Tokaji was quoted in The Columbus Dispatch about partisan congressional redistricting in Ohio. 

 

 

"I can’t think of anywhere where we’ve had a situation like we’ve had here for the past couple of years,” Tokai said. “People in Ohio’s state legislature recognize there’s a serious problem.”



 

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Info & Analysis

Federal Court Finds Unconstitutional Partisan Gerrymandering in North Carolina

A three-judge panel of the U.S. District Court for the Middle District of North Carolina released a lengthy opinion Tuesday finding that North Carolina\'s 2016 Congressional Redistricting Plan was an unconstitutional partisan gerrymander. The case is Common Cause v. Rucho.

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