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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

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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