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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Brown v. Detzner

Case Information

Date Filed: July 27, 2012
State: Florida
Issue: Early Voting
Courts that Heard this Case: U.S. District Court for the Middle District of Florida (Case 3:12-cv-00852)

Issue:

Whether Florida's 2011 changes to state election law, specifically beginning early voting 10 days before an election (as opposed to 15) and eliminating early voting on the Sunday before an election, are legal under the 14th Amendment, the Voting Rights Act and Florida's Constitution.

Status:

Complaint filed 7/27/12. Answer filed 8/20/12. Court order denying motion for preliminary injunction filed 9/24/12. Order of Dismissal filed 11/26/13.

 

District Court Documents

Commentary

Edward B. Foley

The Missing Link in Gerrymandering Jurisprudence

Edward B. Foley

The key advance is the ability to identify whether a redistricting map is an extreme outlier in the degree of its partisan bias.

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In the News

Daniel P. Tokaji

A path through the thicket the First Amendment right of association

A post written by Professor Dan Tokaji for SCOTUSblog during their Summer Symposium on Gill v. Whitford was reprinted on ACSblog.

“A constitutional standard for partisan gerrymandering is the holy grail of election law. For decades, scholars and jurists have struggled to find a manageable standard for claims of excessive partisanship in drawing district lines," Tokaji writes. "Most of these efforts have focused on the equal protection clause. But as Justice Anthony Kennedy suggested in Vieth v. Jubelirer, the First Amendment provides a firmer doctrinal basis for challenging partisan gerrymandering.”
 

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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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