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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 Electoral Fix We Really Need

Edward B. Foley

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

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In the News

Edward B. Foley

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

U.S. Supreme Court Affirms District Court: NC Redistricting Unconstitutional

In a 5-3 decision, the U.S. Supreme Court affirmed the decision of the District Court, finding that North Carolina\'s Congressional redistricting plan violated the U.S. Constitution. The Court determined that racial considerations unlawfully predominated the designing of the contested districts. The case is Cooper v. Harris.

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