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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

D.C. Circuit Sends True the Vote Case Against IRS Back to District Court

In a recently-issued opinion, a three-judge panel of the D.C. Circuit Court of Appeals reversed in part and affirmed in part the District Court\'s decision in True the Vote\'s case challenging the targeting of conservative non-profit groups by the IRS. The court of appeals affirmed the dismissal of claims for damages against government officials. However, the court did not agree that True the Vote\'s efforts to halt discriminatory enforcement by the IRS were now moot. The panel determined that a judgment on the merits regarding whether the IRS had ceased its discriminatory treatment was warranted. The case is True the Vote v. IRS.

Commentary

Edward B. Foley

Gerrymandering as Viewpoint Discrimination: A "Functional Equivalence" Test

Edward B. Foley

A First Amendment test for identifying when a map is functionally equivalent to a facially discriminatory statute.

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In the News

Daniel P. Tokaji

This is why US election ballots routinely go missing

Professor Dan Tokaji was quoted in USA Today about the prevalence of missing election ballots.

 

"Most of the time, it just goes unreported because it doesn't affect the result," Tokaji said. 


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Info & Analysis

Supreme Court Finds Partisan Gerrymandering Claims to be Non-Justiciable Political Questions

In a 5-4 decision, the U.S. Supreme Court issued an opinion on Thursday determining that claims of partisan gerrymandering are political questions beyond the reach of the federal courts. The opinion resolved disputes originating in North Carolina and Maryland, in the cases of Rucho v. Common Cause and Lamone v. Benisek.

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