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Litigation

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Wagner v. Federal Election Commission

Case Information

Date Filed: October 19, 2011
State: Washington, D.C.
Issue: Campaign Finance
Current Court: U.S. Court of Appeals for the D.C. Circuit (Case 12-5365)

Issue:

Whether a federal statute barring individuals who have government contracts from making political contributions is constitutional.

Status:

Complaint filed 10/19/2011. Answer filed 2/17/12. Motion for Preliminary Injunction denied 4/16/12. Plaintiffs' Motion for Summary Judgment filed 7/12/12. FEC's Motion for Summary Judgment filed 8/15/12. Memorandum and opinion issued 11/2/12. Notice of appeal filed 11/8/12. Circuit Court scheduling order filed 11/19/12. Appellant Brief filed 1/16/13. Appellee Brief filed 2/20/13. Oral Argument held 5/16/13. Opinion Per Curiam Vacating and Remanding 5/31/13. Order Holding Case in Abeyance pending McCutcheon v. FEC filed 9/11/13. Plaintiffs' Supplemental Brief filed 4/25/14.

Circuit Court Documents

District Court Documents

Commentary

In the News

David  Stebenne

Can Kasich win all 88 Ohio counties?

Professor David Stebenne was quoted in an Ohio Watchdog article about the possibility of Governor John Kasich winning all 88 Ohio counties in his re-election bid.

“It’s really hard to do,” he said. “As popular as the governor is and as weak as his opponent is, I doubt he’ll carry all 88 (counties).”

Stebenne said Ohio has some unusual counties, which tend to be really Democratic or really Republican.

He said a good example was the election of 1956, when President Dwight Eisenhower carried 87 of 88 Ohio counties.

“He lost one of the Appalachian counties — a poor county where the residents tend to vote Democratic no matter what,” Stebenne said. “There was even some humorous discussion in the Oval Office about that one county.”

Glenn and Voinovich were “the two most popular candidates in modern history,” he added, “and they each only did it once. While Kasich is popular, he really doesn’t have the broad appeal that these two did.”

Stebenne said that both Voinovich and Kasich come from communities that tend to be more Democratic in voter registration, but that Kasich’s first race for governor was more divisive than the races for Voinovich.

“Voinovich had electoral success in Cleveland and as governor because he was able to persuade Democrats to vote Republican,” he said. “Glenn had national appeal across party lines.”

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Info & Analysis

New Ohio Voting Case Filed

Several plaintiffs recently filed a complaint in U.S. District Court for the Southern District of Ohio, alleging that voting laws enacted by Ohio's Republican-controlled General Assembly since November 2012 violate various federal constitutional provisions as well as the Voting Rights Act. According to the complaint, the General Assembly has enacted laws that burden all Ohio voters but that were designed to and will disproportionately burden specific populations, particularly African-Americans, Latinos, and young people.

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