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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

North Carolina’s disputed race for governor: historical context

Edward B. Foley

Federal courts have a power to protect voting rights that they lacked until recently.

more commentary...

In the News

Daniel P. Tokaji

Donald Trump video outlines first 100 day plans

Professor Dan Tokaji was quoted on Fox28 about Donald Trump’s latest video outlining plans for his first 100 days in office.

"Take immigration for example, one of the cornerstones of the Trump campaign, not just building the wall, but reversing some of President Obama's actions on immigration, in particular the protection of the immigrant children," Tokaji said. "There will be a big backlash from the growing Latino population if he acts too aggressively on that, something that could hurt the Republican Party for decades."

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Info & Analysis

Divided District Court Panel Finds Wisconsin Assembly Districts Unconstitutionally Drawn

In a 2-1 opinion, a District Court panel determined that the redistricting plan enacted by the Wisconsin legislature in 2011 was an unconstitutional partisan gerrymander. The court deferred its ruling as to a remedy, ordering further briefing by the parties. The case is Whitford v. Nichol.

more info & analysis...