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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Scott v. Schedler

Case Information

Date Filed: April 19, 2011
State: Louisiana
Issues: Voter Registration, Voter Eligibility
Courts that Heard this Case: U.S. District Court for the Eastern District of Louisiana (Case 2:11-cv-00926-JTM-JCW); U.S. Court of Appeals for the Fifth Circuit (Case 13-31147); U.S. Court of Appeals for the Fifth Circuit (Case 13-30185)

Issue:

Whether Louisiana has complied with the obligations imposed on states by the federal government in the NVRA.

Status:

Complaint filed 4/19/11. Defendant's Motion for Partial Summary Judgment Denied 5/3/12. Plaintiffs' Motion for Summary Judgment filed 7/3/12. Joint Motion to Continue Trial Date filed 9/26/12. Trial Scheduled for 10/15/12. Permanent Injunction granted 1/23/13. Plaintiffs' Motion for Attorney Fees and Costs filed 2/26/2013. Judgment for Plaintiffs awarding fees and costs filed 10/22/13. Notice of Appeal filed 10/31/13. Defendant's Motion for Stay filed 12/30/13.  Ordering Granting Stay filed 1/2/14. Plaintiffs' Motion to Extend Court's Jurisdiction filed 1/17/14. Defendant's Response in Opposition to Motion to Extend Court's Jurisdiction filed 1/22/14. Order Extending Injunction until 2/3/14. Order denying extension of court's jurisdiction filed 2/3/14. Order granting Motion to Stay Pending Appeal filed 5/22/14. 5th Circuit Opinion filed 11/5/14. Mandate issued 2/6/15. Order Amending Permanent Injunction filed on 7/10/15. Magistrate Judge's Findings and Recommendations as to Attorney Fees filed 12/3/15.

 

District Court Documents

Court of Appeals Documents (Merits)

Court of Appeals Documents (Attorney Fees)

Commentary

Edward B. Foley

The Electoral Fix We Really Need

Edward B. Foley

The Electoral College winner should be the majority choice in each state that counts towards that Electoral College victory.

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In the News

Edward B. Foley

White House drops Obama-era discrimination claim against Texas voter ID law

Professor Edward Foley was quoted in The Christian Science Monitor in an article about how the Trump administration dropped a discrimination claim against a Texas voter ID law. Viewed as one of the strictest voting requirements in the country by voting rights advocates, the law required voters to show one of seven valid forms of ID.

A federal appeals court ruled last year that the law disproportionately impacted minorities and those living in poverty. The court required the state to adjust its requirements before the general election. According to court testimony, Hispanic voters were twice as likely to lack proper ID under the law, while black voters were three times as likely.

“Voting litigation is increasing, not decreasing,” Foley said. “The main impression … is that when a law looks like it’s engaging in outright disenfranchisement of a valid voter, even conservative judges have been stopping that. [But] the judiciary is more tolerant with state legislatures adjusting issues of convenience and accessibility, if the adjustment is not outright disenfranchisement.”
 

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Info & Analysis

Three-Judge Panel Finds Voting Rights Act and Constitutional Violations in Creation of Texas House of Representatives Districts

A little over a month after ruling that Texas\' Congressional redistricting plan violated the Voting Rights Act and the U.S. Consistution, a three-judge panel similarly ruled (2-1) with regard to the creation of Texas\' state-level House of Representatives districts. The court issued a 171-page order in which it ruled for the state on some claims. The court also made separate findings of fact. The case is Perez v. Abbott.

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