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Election Law @ Moritz

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Litigation

Berg v. Obama

Case Information

Date Filed: August 21, 2008
State: Pennsylvania
Issue: Candidate Eligibility
Courts that Heard this Case: U.S. District Cour for the Eastern District of Pennsylvania (Case 2:08-cv-04083)

Issue:

Whether Senator Barrack Obama is a U.S. citizen and eligible to hold the office of President of the United States.  Plaintiff is alleging that Senator Obama is falsely claiming to be a natural born citizen. 

Status:

Complaint and Motion for Temporary Restraining Order (TRO) filed on 8/21/08.  Motion for TRO was denied by the Court on 8/22/08. 

District Court Documents

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Commentary

Edward B. Foley

Filibusters are not for shutdowns

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The minority party must win elections, not derail the government, to prevail on policy.

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In the News

Edward B. Foley

Ohio voters may change way Congress lines are drawn

Professor Edward Foley was quoted in the Dayton Daily News about the potential outcomes of several cases before the U.S. Supreme Court that will address partisan gerrymandering.

“One direction is the court basically abandoning any role to try to police excessive partisanship in these maps,” Foley said. “The other fork in the road would take the federal judiciary down the path of being something of a police officer on this issue.”
 

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Info & Analysis

Federal Court Finds Unconstitutional Partisan Gerrymandering in North Carolina

A three-judge panel of the U.S. District Court for the Middle District of North Carolina released a lengthy opinion Tuesday finding that North Carolina\'s 2016 Congressional Redistricting Plan was an unconstitutional partisan gerrymander. The case is Common Cause v. Rucho.

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