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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Voting for America v. Skeen

Case Information

Date Filed: February 13, 2012
State: Texas
Issues: State Voter Registration Databases, Voter Registration
Courts that Heard this Case: U.S. District Court for the Southern District of Texas (Case 3:12-cv-00044); U.S. Fifth Circuit Court of Appeals (Case 12-40914)

Issue:

Whether Texas' state voter registration procedures violate the NVRA.

Status:

Complaint filed 2/3/12. Motion to Dismiss filed 3/25/12. Answer filed 3/27/12. Texas' Motion to Intervene Granted 6/8/12. Opinion and Order on Motion for Preliminary Injunction filed 8/2/12. Defendant Skeen's Notice of Appeal filed 8/16/12. Order Granting Stay Pending Appeal Issued issued 9/6/12. 5th Circuit oral argument schedule entered 9/26/12. Appellee's Brief filed 11/16/12. Appellant's Reply Brief filed 11/26/12. Opinion filed 10/3/13. Mandate issued 11/26/13. Order denying motion to dismiss filed 1/29/14. Motion for Leave to file a Second Amended Complaint filed 4/7/14. Order for Recusal filed 9/22/14. Defendant's Notice of Non-Consent filed 10/28/14. Agreed Motion to Dismiss with Prejudice filed 1/6/15. Order granting Motion to Dismiss filed 1/7/15.

Circuit Court of Appeals Documents

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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