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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

A Special Master for the Cohen Case?

Edward B. Foley

There should be a strong presumption against special treatment just because the president is involved. 

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In the News

Edward B. Foley

Columbus City Council Will See Some Reforms, But Not For Another Six Years

Professor Edward Foley was quoted in WOSU about changes to Columbus City Council that will stem from the passage of Issue 3.

 

“In a city where one political party is dominant, it makes sense to think about the citizen's commission to take it out of the hands of the politicians,” Foley said. “Because if you leave it in the hands of the politicians, it’s hard to get balance between the two parties.”


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Info & Analysis

Supreme Court Decides Wisconsin and Maryland Gerrymandering Cases on Procedural Grounds

In opinions issued today, the U.S. Supreme Court decided two gerrymandering cases on procedural grounds. In an opinion in the Wisconsin case of Gill v. Whitford, the Court found that the plaintiffs did not have standing to challenge the legislature\'s redistricting plan. In an opinion in the Maryland case of Benisek v. Lamone, the Court determined that the District Court was within its discretion in denying preliminary relief to the plaintiffs challenging the legislature\'s redistricting plan.

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