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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

Commentary

Edward B. Foley

The Missing Link in Gerrymandering Jurisprudence

Edward B. Foley

The key advance is the ability to identify whether a redistricting map is an extreme outlier in the degree of its partisan bias.

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In the News

Daniel P. Tokaji

A path through the thicket the First Amendment right of association

A post written by Professor Dan Tokaji for SCOTUSblog during their Summer Symposium on Gill v. Whitford was reprinted on ACSblog.

“A constitutional standard for partisan gerrymandering is the holy grail of election law. For decades, scholars and jurists have struggled to find a manageable standard for claims of excessive partisanship in drawing district lines," Tokaji writes. "Most of these efforts have focused on the equal protection clause. But as Justice Anthony Kennedy suggested in Vieth v. Jubelirer, the First Amendment provides a firmer doctrinal basis for challenging partisan gerrymandering.”
 

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Info & Analysis

U.S. Supreme Court Grants Texas\' Request for Stay in Redistricting Case

In two 5-4 votes, the U.S. Supreme Court granted stays in a Texas redistricting case involving Congressional and state house questions, putting on hold the district court\'s orders for the Texas legislature to redraw certain district lines. The stays will be in place until the Supreme Court rules on Texas\' appeal, likely next year. The case is Perez v. Abbott.

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