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Election Law @ Moritz

Election Law @ Moritz


Litigation

Ray v. State of Texas

Case Information

Date Filed / Ended: September 21, 2006 / November 4, 2006
State: Texas
Issue: Absentee Ballots
Courts that Heard this Case: U.S. District Court for the Eastern District of Texas (Case 2:06-cv-00385-TJW); U.S. Court of Appeals, 5th Circuit (Case 06-41573); United States Supreme Court (Case 06A466)

Issue:

Whether the challenged provisions of the Texas Election Code, which place limits on possession and delivery of absentee ballots by third parties, on unconstitutional on grounds that the provisions substantially burden the fundamental right to vote, violate due process, and violate equal protection of the law.

Status:

Preliminary injunction granted 10/31/06. Defendants have filed a motion to stay the order with the 5th Circuit 11/01/06. Motion to Stay Granted 11/3/06. U.S. Supreme Court has denied the application to vacate the 5th Circuit's stay 11/4/06. 5th Circuit entered an opinion vacating the preliminary injunction and remanding the case to the Eastern District of Texas (1/9/08). Amended complaint filed 2/7/08. Both sides filed for summary judgment on 6/12/08. A settlement was reached and a dismissal order was entered on 6/20/08.  Opinion filed 8/7/08 granting judgment for the defendant.

District Court Documents

Court of Appeals Documents

Supreme Court Documents

In the News

Edward B. Foley

Symposium: Wechsler, history and gerrymandering

A post written by Professor Edward Foley was published on SCOTUSblog.

“When we look back on the half-century since Sullivan, we see a legacy in which the Supreme Court itself contributed to America’s growth as a people committed to political freedom. Sullivan is entrenched as precedent precisely because it is now indelibly part of our national self-understanding," Foley writes. "For Gill to be successful like Sullivan, it too will need to become woven into our sense of America as a democracy. The way for Gill to accomplish this is to declare: 'Although the original Gerry-mander was never tested in this Court, the attack on its validity has carried the day in the court of history.' If the court says this, then 50 years from now—thanks in large part to Gill itself—we may have matured into the genuinely representative democracy we are still striving to be.”
 

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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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