Major Pending Cases
- See All Pending Cases
- See All Archived Cases
- AAPD v. Herrara
- ACORN v. Murphy
- ACORN v. Scott
- Coleman v. Franken
- Common Cause v. Coffman
- Daien v. Ysursa
- DiMaio v. Democratic National Committee
- Farrakhan v. Gregoire
- Florida State Conference of the NAACP v. Browning
- Gonzalez v. Arizona; Navajo Nation v. Brewer; Purcell v. Gonzalez
- Janis v. Nelson
- King Lincoln Bronzeville Neighborhood Association v. Blackwell
- League of Women Voters v. Rokita
- LULAC of Texas v. State of Texas
- McCain-Palin 2008 v. Cunningham
- Minnesota Majority v. Ritchie
- Morales v. Handel
- NAACP v. Billups
- NAACP-SCP v. Cortes
- Northwest Austin Municipal Utility District Number One v. Gonzales
- Ohio ex rel. Colvin v. Brunner
- Sarasota Alliance for Fair Elections v. Browning
- Texas Democratic Party v. Bettencourt
- Texas Democratic Party v. Dallas County
- United States of America v. Brown
- United States v. New Black Panther Party for Self-Defense
- USSAF v. Land
- Valdez v. Herrera
- White v. Reed
- Young v. Hosemann
Election Law Litigation
Hollander v. McCain
(page last updated September 30, 2008 at 9:22 AM)
Case Information
All Courts: U.S. District Court for the District of New Hampshire (Case 1:08-cv-00099)
Topic(s): Candidate Eligibility
State: New Hampshire
Date Filed: March 14, 2008
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
- Complaint
(filed 3/14/08) - Assented to MOTION to Extend Time to Answer (filed 3/28/08)
- ENDORSED ORDER granting Motion to Extend Time to Answer (entered 3/28/08)
- AMENDED COMPLAINT (Corrected) (filed 4/3/08)
- Amended Complaint (filed 4/2/08)
- Amended Complaint
- MOTION to Quash Plaintiff's Third-Party Subpoena filed by United States Citizenship and Immigration Service (filed 4/11//08)
- MOTION to Dismiss First Amended Complaint (filed 4/30/08)
- OBJECTION to MOTION to Quash Plaintiff's Third-Party Subpoena (filed 5/7/08)
- ENDORSED ORDER Motion to Quash. Text of Order: This motion is taken under advisement until after the disposition of the defendant's motion to dismiss, if necessary. (entered 5/12/08)
- OBJECTION to MOTION to Dismiss First Amended Complaint (filed 5/19/08)
- REPLY to Objection to Motion re MOTION to Dismiss First Amended Complaint (filed 6/5/08)
- MOTION for Leave to File Surreply to Reply to Objection to Motion to Dismiss (filed 6/10/08)
- ENDORSED ORDER granting Motion for Leave to File Surreply to Reply to Objection to Motion to Dismiss.. Text of Order: Granted under Local Rule 7.1(b) as the defendants have not objected to the motion (despite declining to assent). Pursuant to Local Rule 7.1(e)(3), the surreply is limited to 5 double-spaced pages. Further, the clerk is directed to schedule a hearing on the motion to dismiss. (entered 7/2/08)
- NOTICE re: MOTION to Dismiss First Amended Complaint Motion Hearing set for 7/17/2008 02:00 PM before Judge Joseph N. Laplante (entered 7/3/08)
- Partially Assented to MOTION to Continue Hearing on Motion to Dismiss First Amended Complaint Until July 25, 2008 filed by John McCain, Republican National Committee (filed 7/3/08)
- OBJECTION to Partially Assented to MOTION to Continue Hearing on Motion to Dismiss First Amended Complaint Until July 25, 2008 served on 7/7/08 filed by Fred Hollander (filed 7/7/08)
- ENDORSED ORDER granting in part and denying in part Motion to Continue Motion Hearing. Text of Order: Granted in part. Despite the plaintiff's objection, Attorney Douglas' personal presence at the hearing is required under Local Rule 83.2. Because of the temporal concerns raised by the plaintiff, the parties shall work with the Deputy Clerk to reschedule the hearing on the earliest date available to counsel of record and the plaintiff, including, if possible, dates before July 25, 2008 (entered 7/8/08)
- NOTICE re: MOTION to Dismiss First Amended Complaint Motion Hearing reset for 7/23/2008 02:00 PM (from 7/17/08) before Judge Joseph N. Laplante (entered 7/8/08)
- RESCHEDULING NOTICE of Motion Hearing re: MOTION to Dismiss First Amended Complaint Motion Hearing reset for 7/24/2008 02:00 PM (from 7/23/08) before Judge Joseph N. Laplante (entered 7/8/08)
- SURREPLY to Reply to Objection to MOTION to Dismiss First Amended Complaint (filed 7/21/08)
- Certificate of Birth (filed 7/21/08)
- Certificate of Birth
- ORDER granting Motion to Dismiss (entered 7/24/08)
- ENDORSED ORDER denying as moot MOTION to Quash Plaintiff's Third-Party Subpoena (filed 7/24/08)
- Minute Entry for proceedings held before Judge Joseph N. Laplante. MOTION HEARING held on 7/24/2008 regarding MOTION to Dismiss First Amended Complaint (filed 7/24/08)
- JUDGMENT is hereby entered in accordance with Order on Motion to Dismiss (entered 7/25/08)
Related Links
Election Law @ Moritz | Professor Edward B. Foley, Director | electionlaw@osu.edu
Please note: Election Law @ Moritz is nonpartisan and does not endorse, support, or oppose any candidate, campaign, or party. Opinions expressed by individuals associated with Election Law @ Moritz, either on this web site or in connection with conferences or other activities undertaken by the program, represent solely the views of the individuals offering the opinions and not the program itself. Election Law @ Moritz institutionally does not represent any clients or participate in any litigation, but individuals affiliated with the program may from time to time in their own personal capacity engage in pro bono representation of clients other than partisan candidates or organizations.
The Ohio State University | Michael E. Moritz College of Law | 55 West 12th Avenue | Columbus, OH 43210-1391 | (614) 292-2631
If you have trouble accessing this page or need to request an alternate format, please email the Moritz Law Webmaster
PDF files in this site may require Adobe Reader to view (link opens in new window)