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Election Law @ Moritz

Election Law @ Moritz


Litigation

Powell v. Alabama

Case Information

Date Filed / Ended: July 29, 2008 / September 5, 2008
State: Alabama
Issue: Voting Rights Act
Courts that Heard this Case: U.S. District for the Northern District of Alabama (Case 2:08-cv-01345)

Issue:

Whether a 2007 change in Alabama election law (changing the rules of succession for the Jefferson County Commission)  violates the preclearance provision Voting Rights Act of 1965.

Status:

Complaint filed 7/29/08.  Motion for Rule 16 Hearing filed 7/31/08.  Answer, Motion to Dismiss for lack of Jurisdiction, and Motion for Judgment on the Pleadings filed on 8/18/08.  Voluntary Motion to Dismiss filed on 9/5/08 and granted on 9/5/08.  Case dismissed without prejudice on 9/5/08.

District Court Documents

Commentary

Edward B. Foley

A Special Master for the Cohen Case?

Edward B. Foley

There should be a strong presumption against special treatment just because the president is involved. 

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In the News

Edward B. Foley

Columbus City Council Will See Some Reforms, But Not For Another Six Years

Professor Edward Foley was quoted in WOSU about changes to Columbus City Council that will stem from the passage of Issue 3.

 

“In a city where one political party is dominant, it makes sense to think about the citizen's commission to take it out of the hands of the politicians,” Foley said. “Because if you leave it in the hands of the politicians, it’s hard to get balance between the two parties.”


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Info & Analysis

Supreme Court Decides Wisconsin and Maryland Gerrymandering Cases on Procedural Grounds

In opinions issued today, the U.S. Supreme Court decided two gerrymandering cases on procedural grounds. In an opinion in the Wisconsin case of Gill v. Whitford, the Court found that the plaintiffs did not have standing to challenge the legislature\'s redistricting plan. In an opinion in the Maryland case of Benisek v. Lamone, the Court determined that the District Court was within its discretion in denying preliminary relief to the plaintiffs challenging the legislature\'s redistricting plan.

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