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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

McCutcheon v. FEC

Case Information

Date Filed: June 22, 2012
State: Washington, D.C.
Issue: Campaign Finance
Courts that Heard this Case: United States District Court for the District of Columbia (Case 1:12-cv-01034-JEB-JRB-RLW); United States Supreme Court (Case 12-536)

Issue:

Whether the aggregate federal donation limits for each election cycle violate the 1st amendment.

Status:

Complaint filed 6/22/12. Memorandum Opinion issued 9/28/12. Notice of Appeal to U.S. Supreme Court filed 10/9/12. FEC's Motion to Dismiss or Affirm filed 1/2/13. Appellants' Brief Opposing Motion to Dismiss or Affirm filed 1/14/13. Brief of Republican National Committee filed 5/6/13. Brief of Appellant Shaun McCutcheon filed 5/6/13. Argued 10/8/13. Reversed and remanded on 4/2/14.Final Judgment filed 8/15/14.

 

Supreme Court Documents

District Court Documents

Commentary

Daniel P. Tokaji

Is Ted Cruz Eligible to Be President? Letís Find Out

Daniel P. Tokaji

Donald Trump has revived the question whether Senator Ted Cruz is ineligible to serve as President due to his birth in Canada. The issue cries out for judicial resolution, but there are constitutional and prudential obstacles to a federal court deciding it.  This comment argues that the most promising avenue  is a state court lawsuit challenging Senator Cruz’s eligibility and seeking his removal from the primary ballot. There’s at least one state – Pennsylvania – where the deadline for filing hasn’t yet expired, but if skeptics of Cruz’s eligibility want to sue there they must act quickly, no later than Tuesday. Litigating the case through state court would tee up the issue for Supreme Court review, which would be helpful in resolving the recurrent question of what it means to be a “natural born Citizen."

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In the News

Daniel P. Tokaji

An Obscure Ohio State Law Could Shake Up the Republican Convention

Professor Dan Tokaji was quoted in an ABC News article about the Republican Convention:

“It’s entirely imaginable that these kind of controversies will emerge if Donald Trump goes into Cleveland without 1,237,” said Dan Tokaji, an expert in election law at the Moritz College of Law at Ohio State University, referring the number of delegates needed to clinch the nomination. “There’s going to be a furious jockeying for these delegates.”

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Info & Analysis

District Court Upholds NC Voter ID Law

In a 485-page opinion released yesterday, U.S. District Judge Thomas Schroeder upheld North Carolina\'s voter ID law. A trial on the photo ID issue was held in January and February. The case is League of Women Voters of North Carolina v. Howard.

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