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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
Current Court: 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

In the News

Edward B. Foley

Gerrymandering Is Headed Back to the Supreme Court

Professor Edward Foley was requoted in Mother Jones about a gerrymandering case in Wisconsin on its way to the Supreme Court. Other legal actions on partisan gerrymandering in Maryland and in North Carolina may be bound for the Supreme Court as well.

While previous Supreme Court cases have noted that partisan gerrymanders are “incompatible with democratic principles,” The New York Times originally reported, the court has never officially struck a case down. While it remains unseen how the Supreme Court will rule in the upcoming cases, a 2004 ruling from a previous gerrymandering case could play a pivotal role in how the court stands in the future. 

“The ordered working of our Republic, and of the democratic process, depends on a sense of decorum and restraint in all branches of government, and in the citizenry itself,” Justice Anthony M. Kennedy wrote in 2004. Kennedy’s statement is “the most important line” in the decision, Foley told The New York Times, adding,  “He’s going to look at what’s going on in North Carolina as the complete absence of that. I think that helps the plaintiffs in any of these cases.”


 

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Info & Analysis

U.S. Supreme Court to Hear Wisconsin Gerrymandering Case

On Monday, the U.S. Supreme Court agreed to consider a gerrymandering case involving Wisconsin state legislative districts. The court also granted a request by the state to temporarily block the lower court\'s decision until the appeal is resolved. The case is Gill v. Whitford.

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