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Election Law @ Moritz

Election Law @ Moritz


Litigation

Hollander v. McCain

Case Information

Date Filed / Ended: March 14, 2008 / July 25, 2008
State: New Hampshire
Issue: Candidate Eligibility
Courts that Heard this Case: U.S. District Court for the District of New Hampshire (Case 1:08-cv-00099)

Issue:

Whether Senator John McCain is a "natural born citizen" and eligible to be the President of the United States under the provisions of Article I, Section 2, of the U.S. Constitution.

Status:

Complaint filed on 3/14/08. Motion to Dismiss filed on 4/30/08. Hearing on Motion to Dismiss is set for 7/24/08.  Motion to Dismiss granted on 7/24 and Judgment for defendant entered on 7/25.

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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