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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

United States of America v. Brown

Case Information

Date Filed / Ended: February 17, 2005 / April 20, 2009
State: Mississippi
Issue: Improper Election Administration
Courts that Heard this Case: U.S. District Court for the Southern District of Mississippi (Case 4:05-cv-00033-TSL-JMR); U.S. Court of Appeals, 5th Circuit (Case 07-60588, 07-60729)

Issue:

Whether Defendants have violated §2 and §11(b) of the Voting Rights Act and the 15th amendment to the US Constitution by taking actions with the intent to deny white voters and white candidates access to the political process.

Status:

Bench Trial from 1/16/07 until 1/31/07. On 6/29/07, Court ruled that Defendants violated Voting Rights Act. Notice of Appeal filed 7/24/07. Preliminary Injunction granted 7/31/07. Order granting remedial relief entered 8/27/07. Briefing in 5th Circuit completed on 6/9/08.  Opinion published and Judgment entered and filed 2/27.  Mandate Issued 4/20.

Court of Appeals Documents

District Court Documents

Related Links

Commentary

Edward B. Foley

Of X-Rays, CT Scans, and Gerrymanders

Edward B. Foley

Progress in the detection of malignant redistricting.

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In the News

Edward B. Foley

Ranked-choice voting: A better way or chaos?

Professor Edward Foley’s book, “Ballot Battles: The History of Disputed Elections in the United States” was quoted in The Ellsworth American, in an article about ranked-choice voting in Maine.

Plurality language was added to Maine’s Constitution in 1880 after none of the candidates for governor in the election of 1879 received a majority vote.

“After this ordeal, the state eliminated the requirement that a gubernatorial candidate win a majority in order to win the office outright; instead, a plurality would suffice,” Foley writes.
 

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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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