OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

 

True the Vote, Inc. v. IRS

Case Information

Date Filed: May 21, 2013
State: Washington, D.C.
Issue: Campaign Finance
Current Court: U.S. District Court for the District of Columbia (Case 1:13-CV-00734)

Issue:

1) Whether True the Vote is exempt from Federal Income tax as a 501(c)(3) organization.

2) Whether the IRS violated True the Vote's First Amendment right of freedom of speech and association.

3) Whether the IRS overstepped its statutory authority in requesting additional information from True the Vote.

Status:

Complaint filed 5/21/13. Motion to Dismiss counts 1, 2, 3, and 5 filed 9/26/13. Plaintiff's motion to stay agency action filed 11/15/13. True the Vote's Opposition to Motion to Dismiss on 11/26/13. Multiple Replies Supporting Motion to Dismiss on 12/17/13. Plaintiffs' Motion for Preliminary Injunction and Expedited Discovery filed 6/30/14. Order denying Motion for Discovery and Motion for Preliminary Injunction filed 8/7/14. Order granting Motion to Dismiss filed 10/22/14. Plaintiff's Notice of Appeal filed 12/18/14. Order that appeal be held in abeyance filed 5/8/15. Oral argument at D.C. Circuit held 4/14/16. D.C. Circuit Court opinion affirming in part, reversing in part, filed 8/5/16. U.S.'s Answer to First Amended Complaint filed 12/19/16. True the Vote's Memo in Opposition to U.S.'s Motion for Summary Judgment filed 1/19/17.

 

Court of Appeals Documents

District Court Documents

In the News

Edward B. Foley

Symposium: Wechsler, history and gerrymandering

A post written by Professor Edward Foley was published on SCOTUSblog.

“When we look back on the half-century since Sullivan, we see a legacy in which the Supreme Court itself contributed to America’s growth as a people committed to political freedom. Sullivan is entrenched as precedent precisely because it is now indelibly part of our national self-understanding," Foley writes. "For Gill to be successful like Sullivan, it too will need to become woven into our sense of America as a democracy. The way for Gill to accomplish this is to declare: 'Although the original Gerry-mander was never tested in this Court, the attack on its validity has carried the day in the court of history.' If the court says this, then 50 years from now—thanks in large part to Gill itself—we may have matured into the genuinely representative democracy we are still striving to be.”
 

more EL@M in the news...

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.

more info & analysis...