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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Veasey v. Abbott

Case Information

Date Filed: June 26, 2013
State: Texas
Issues: Voter ID, Voter Registration, Voter Supression
Current Court: US Court of Appeals for Fifth Circuit (Case 17-40884)

Issue:

Issue 1:

Does SB 14 violate Section 2 of the Voting Rights Act, 42 U.S.C. 1973, by denying the right to vote on account of race and language minority?

Issue 2:

Does SB 14 violate the Fourteenth Amendment of the U.S. Constitution by purposely denying minority voters equal protection for registration and voting?

Issue 3:

Does SB 14 violate the Fifteenth Amendment of the U.S. Constitution by purposely denying minority voters the right to vote?

Issue 4:

Does SB 14 severely burden or facially discriminate against a class of voters without a legitimate governmental interest and violate the Fourteenth Amendment of the U.S. Constitution?

Issue 5:

Does SB 14 restrict freedom of speech and association in violation of the First Amendment of the U.S. Constitution?

Issue 6:

Does SB 14 create a poll tax in violation of the Fourteenth and Twenty-First Amendments of the U.S. Constitution?

Status:

District Court opinion striking down voter ID law filed 10/9/14. Fifth Circuit Opinion filed 8/5/15. Petition for Rehearing En Banc filed 8/28/15. Application to Vacate Fifth Circuit Stay filed in U.S. Supreme Court 3/25/16. Order Denying Application to Vacate Stay filed 4/29/16. Fifth Circuit En Banc Opinion filed 7/20/16. Consent Motion in District Court for Entry of Temporary Remedial Order filed 7/23/16. Order Granting Consent Motion filed 7/23/16. Joint submission of agreed terms filed 8/3/16. Order Regarding Agreed Interim Plan filed 8/10/16. U.S.'s and Private Plaintiffs' Motions to Enforce Interim Remedial Order filed 9/6/16 and 9/7/16. Response to Motions to Enforce Interim Remedial Order filed 9/12/16. Order Granting Motion to Enforce Interim Remedial Order filed 9/20/16. Parties' Proposed Findings of Fact filed 11/18/16. Responses to Proposed Findings of Fact filed 12/16/16. U.S. motion to voluntarily withdraw discriminatory purpose claim filed 2/27/17. Order on remand finding violation of Voting Rights Act filed 4/10/17. Order Granting Section 2 Remedies filed 8/23/17. Notice of Appeal filed 8/23/17. Motion for Stay filed in District Court 8/24/17. Motion for Stay filed in 5th Circuit 8/25/17. District Court Order Granting Limited Stay filed 8/30/17. 5th Circuit Order Granting Stay filed 9/5/17. Revised Notice Setting 5th Circuit Oral Argument for Week of Dec. 4 filed 9/6/17. Petition for En Banc Hearing filed 9/8/17. Expedited Briefing Schedule filed 9/21/17. Order Denying Petition for En Banc Hearing filed 10/10/17. Appellant's Brief filed 10/17/17. U.S. Brief filed 10/26/17. Private Plaintiffs' Brief filed 11/7/17. Appellant's Reply Brief filed 11/20/17. Oral Argument heard 12/5/17. 2-1 Panel Opinion Rejecting Challenge to Voter ID Law filed 4/27/18. Opinion reversing District Court filed 6/19/18.

 

Supreme Court Documents

 

Circuit Court of Appeals Documents

District Court Documents


Circuit Court of Appeals Documents (regarding True the Vote's intervention)



Commentary

Edward B. Foley

A Special Master for the Cohen Case?

Edward B. Foley

There should be a strong presumption against special treatment just because the president is involved. 

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In the News

Edward B. Foley

U.S. Supreme Court upholds Ohio voter purging process

Professor Edward Foley was quoted in The Blade about Ohio’s voter purge law, which was upheld by the U.S. Supreme Court. 

 

“I don’t think there’s any real reason to believe that the drop-off is going to be significant,” Mr. Foley said. “The Ohio law that was upheld in this case never disenfranchised anybody.”

 

 

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Info & Analysis

Supreme Court Upholds Most Texas Districts in Racial Gerrymandering Case

In a 5-4 decision that reversed the ruling of the District Court, the U.S. Supreme Court determined that the drawing of most of the disputed Texas districts did not violate the Constitution or the Voting Rights Act. The case is Abbott v. Perez.

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