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Election Law @ Moritz

Election Law @ Moritz


Litigation

Maletski v. Macomb County Republican Party

Case Information

Date Filed / Ended: January 1, 2008 / October 20, 2008
State: Michigan
Issues: Voter Registration, Voter Eligibility
Courts that Heard this Case: U.S. District Court for the Eastern District of Michigan (Case 2:08-cv-13982)

Issue:

Whether an alleged Republican plan to challenge the voting registration of voters who appear on foreclosure lists violates the First and Fourteenth Amendments to the U.S. Constitution, 42 U.S.C. § 1983, and 42 U.S.C. § 1985(3).  The Republicans have denied any plan to engage in the alleged activities.

Status:

Complaint filed on 9/16/08.  Plaintiff filed a Motion for Preliminary Injunction on 9/25/08.  Responses and replies have been filed with the court.

District Court Documents

Related Links

In the News

Edward B. Foley

Gerrymandering Is Headed Back to the Supreme Court

Professor Edward Foley was requoted in Mother Jones about a gerrymandering case in Wisconsin on its way to the Supreme Court. Other legal actions on partisan gerrymandering in Maryland and in North Carolina may be bound for the Supreme Court as well.

While previous Supreme Court cases have noted that partisan gerrymanders are “incompatible with democratic principles,” The New York Times originally reported, the court has never officially struck a case down. While it remains unseen how the Supreme Court will rule in the upcoming cases, a 2004 ruling from a previous gerrymandering case could play a pivotal role in how the court stands in the future. 

“The ordered working of our Republic, and of the democratic process, depends on a sense of decorum and restraint in all branches of government, and in the citizenry itself,” Justice Anthony M. Kennedy wrote in 2004. Kennedy’s statement is “the most important line” in the decision, Foley told The New York Times, adding,  “He’s going to look at what’s going on in North Carolina as the complete absence of that. I think that helps the plaintiffs in any of these cases.”


 

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Info & Analysis

U.S. Supreme Court to Hear Wisconsin Gerrymandering Case

On Monday, the U.S. Supreme Court agreed to consider a gerrymandering case involving Wisconsin state legislative districts. The court also granted a request by the state to temporarily block the lower court\'s decision until the appeal is resolved. The case is Gill v. Whitford.

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