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Election Law @ Moritz

Election Law @ Moritz



Stein v. Thomas

Case Information

Date Filed: December 2, 2016
State: Michigan
Issue: Recount Resources
Courts that Heard this Case: U.S. District Court for the Eastern District of Michigan (Case 2:16-cv-14233)


Whether the decision of the Michigan Director of Elections to delay any recount efforts is a violation of the Due Process, Equal Protection and the First Amendment. Plaintiff requests that the court enjoin the Defendants and their agents from delaying the recount process.


Complaint and Motion for TRO and Preliminary Injunction filed 12/2/16. Order Granting Preliminary Injunction filed 12/5/2016. Notice of Appeal filed 12/5/16. Emergency Motion to Stay District Court Order and Petition for Initial En Banc Review filed in Sixth Circuit by Michigan Republican Party and Michigan AG Bill Schuette on 12/5/16 and 12/6/16. Sixth Circuit decision affirming District Court's issuance of TRO filed 12/6/16. Motions to dissolve TRO filed in District Court by Michigan Republican Party and AG Schuette 12/6/16. Order Dissolving TRO filed 12/7/16. Notice of Voluntary Dismissal filed 12/13/16.

Related case: Schuette v. Board of State Canvassers

District Court Documents

Sixth Circuit Court of Appeals Documents




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


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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