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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

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The Electoral College winner should be the majority choice in each state that counts towards that Electoral College victory.

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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

Three-Judge Panel Finds Voting Rights Act and Constitutional Violations in Creation of Texas House of Representatives Districts

A little over a month after ruling that Texas\' Congressional redistricting plan violated the Voting Rights Act and the U.S. Consistution, a three-judge panel similarly ruled (2-1) with regard to the creation of Texas\' state-level House of Representatives districts. The court issued a 171-page order in which it ruled for the state on some claims. The court also made separate findings of fact. The case is Perez v. Abbott.

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