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Litigation

 

Applewhite v. Pennsylvania

Case Information

Date Filed: May 1, 2012
State: Pennsylvania
Issue: Voter ID
Courts that Heard this Case: Commonwealth Court of Pennsylvania (Case 330 MD 2012); Supreme Court of Pennsylvania (Case 71 MAP 2012)

Issue:

Whether Pennsylvania's newly passed state voter ID law violates the Pennsylvania Constitution and whether or not the law can go into effect for the 2012 general election.

Status:

Petition for Review filed 5/1/12. Trial scheduled for 7/25/12. Motion for preliminary injunction denied 8/15/12. Notice of Appeal to Supreme Court of Pennsylvania filed 8/16/12. Order granting motion to expedite and setting briefing schedule filed 8/23/12. Oral argument set for 9/13/12. Appellant's brief filed 8/30/12. Appellee's briefs filed 9/7/12. Order Vacating Judgment and Remanding Case filed 9/18/12. Opinion and Order Granting Preliminary Injunction filed 10/2/12. Trial on Permanent Injunction scheduled for July 2013. Joint stipulation that preliminary injunction will continue through May primary election filed 2/14/13. Preliminary injunction granted 8/16/13. Respondent's proposed findings of fact and conclusions of law filed 8/30/13. Petitioner's proposed findings of fact and conclusions of law filed 8/30/13. Opinion and order granting permanent injunction filed 1/17/14. Respondent's Application for Hearing before En Banc Panel filed 2/3/14. Petitioners' Opposition to Respondents' Application for Hearing before En Banc Panel filed 2/6/14. Petitioners' Brief filed 2//28/14. Order Denying Application for Relief filed on 3/11/14. Opinion and Order Denying Respondents' Post-Trial Motion filed 4/28/14. Governor Corbett declines to appeal, announced 5/8/14.

Supreme Court of Pennsylvania Documents

Commonwealth Court Documents

Related News

Commentary

Daniel P. Tokaji

Is Ted Cruz Eligible to Be President? Letís Find Out

Daniel P. Tokaji

Donald Trump has revived the question whether Senator Ted Cruz is ineligible to serve as President due to his birth in Canada. The issue cries out for judicial resolution, but there are constitutional and prudential obstacles to a federal court deciding it.  This comment argues that the most promising avenue  is a state court lawsuit challenging Senator Cruz’s eligibility and seeking his removal from the primary ballot. There’s at least one state – Pennsylvania – where the deadline for filing hasn’t yet expired, but if skeptics of Cruz’s eligibility want to sue there they must act quickly, no later than Tuesday. Litigating the case through state court would tee up the issue for Supreme Court review, which would be helpful in resolving the recurrent question of what it means to be a “natural born Citizen."

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In the News

Daniel P. Tokaji

An Obscure Ohio State Law Could Shake Up the Republican Convention

Professor Dan Tokaji was quoted in an ABC News article about the Republican Convention:

“It’s entirely imaginable that these kind of controversies will emerge if Donald Trump goes into Cleveland without 1,237,” said Dan Tokaji, an expert in election law at the Moritz College of Law at Ohio State University, referring the number of delegates needed to clinch the nomination. “There’s going to be a furious jockeying for these delegates.”

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Info & Analysis

District Court Upholds NC Voter ID Law

In a 485-page opinion released yesterday, U.S. District Judge Thomas Schroeder upheld North Carolina\'s voter ID law. A trial on the photo ID issue was held in January and February. The case is League of Women Voters of North Carolina v. Howard.

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