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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Arcia v. Detzner

Case Information

Date Filed: June 19, 2012
State: Florida
Issues: Voter Fraud, Voter Eligibility, State Voter Registration Databases
Courts that Heard this Case: U.S. District Court for the Southern District of Florida (Case 1:12-cv-22282); U.S. 11th Circuit Court of Appeals (Case 12-15738)

Issue:

Whether Florida's "voter purge" violates section 2 of the Voting Rights Act by having a disproportionate effect on African-American and Hispanic citizens.

Status:

Complaint filed 6/19/12. Answer filed 7/12/12. Amended Complaint filed 9/12/12. Plaintiffs' Motion for Preliminary Injunction and Summary Judgment filed 9/19/12. Defendant's Answer to Amended Complaint filed 10/2/12. Order Denying Plaintiffs' Motion for Preliminary Injunction and Summary Judgment filed 10/4/12. Final Judgment Entered 10/29/12. Notice of Appeal filed 11/1/12. Appellant's brief filed 12/17/12. Letter from Court to Parties requesting responses on jurisdictional question filed 12/31/12. Appellees' Response Brief filed 1/22/13. Oral Argument held 10/10/13. Opinion, reversed and remanded on 4/1/14. Opinion vacated and new opinion issued 11/17/14. Plaintiffs Motion fro Attorney Fees filed 12/08/14. Appellee's Response to Motion for Attorney's fees filed 1/20/15. Order vacating previous Judgment filed 2/15/15. Final Judgment filed 2/15/15.

 

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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