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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Baber v. Dunlap

Case Information

Date Filed: November 13, 2018
State: Maine
Issue: Voting Rights Act
Courts that Heard this Case: U.S. District Court (Case 1:18-cv-00465); United States Court of Appeals for the First Circuit (Case 1:18-cv-00465)

Issue:

Whether the RCV Act is undermining the right to vote

Status:

Complaint filed 11/13/18.  Motion for preliminary injunction filed 11/13/18. Emergency Motion for TRO filed 11/13/18. Motion for TRO denied 11/15/18. Order for motion to consolidate denied filed 11/15/18. Decision for Preliminary Injunction filed 12/13/18. Judgement in Favor of Defendants filed 12/13/18. Case Terminated filed 12/13/18. Notice of Appeal filed 12/17/18. Emergecny Motion for Injunction filed in First Circuit Court of Appeals filed 12/18/18. Judgement, Mandate, and Appeals closed filed 12/28/18. Case terminated 12/12/18.

District Court Documents

  • Complaint pdf file (11/13/18)
  • Plaintiffs' Motion for Preliminiary Injunction pdf file (11/13/18)
  • Affidavit of Jason P Sorens pdf file (11/13/18)
  • Jarden Golden's Unopposed Motion to Intervene pdf file (11/13/18)
  • Plaintiffs' Motion for a Temporary Restraining Order pdf file (11/13/18)
  • Affidavit of Bruce Poliquin in Support of Temporary Restraining Order pdf file (11/13/18)
  • Defendant-Intervenor Opposition to Motion for Temporary Restraining Order pdf file (11/13/18)
  • Motion to Consolidate pdf file (11/14/18)
  • Defendant Golden's Opposition to Plaintiff's Motion pdf file (11/14/18)
  • Unopposed Motiont to Intervene pdf file (11/14/18)
  • Declaration of Deputy Secretary of State pdf file (11/14/18)
  • Order on Plaintiffs Motion for Temporary Restraining Order pdf file (11/15/18)
  • Plaintiffs' Unopposed Motion to Expedite Briefing and Argument pdf file (11/15/18)
  • Affidavit pdf file (11/21/18)
  • First Amendend Complaint pdf file (11/27/18)
  • Affidavit of James Gimpel pdf file (11/28/18)
  • Memorandum of Law in Opposition to Plaintiffs' Preliminiary Injunction pdf file (11/28/18)
  • Defendant Secretary Opposition to Preliminary Injunction pdf file (11/28/18)
  • Response in Opposition for Prelomonary Injunction pdf file (11/28/18)
  • Brief in Opposition to Motion pdf file (11/29/18)
  • Plaintiffs' Supplement to Expert Witness Disclosure in Support of Plaintiffs' Motion for Preliminary Injunction pdf file (12/2/18)
  • Plaintiffs' Reply to Defendants' Oppositions to Plaintiffs' Motion for Preliminiary Injunction pdf file (11/29/18)
  • Response to Motion for Preliminary Injunction pdf file (12/7/18)
  • Decision and Order on Motion for Preliminary Injunction pdf file (12/13/18)
  • Judgment in Favor of Defendants pdf file (12/13/18)
  • Notice of Appeal pdf file (12/17/18)
  • United States Court of Appeals for the First Circuit

  • Plaintiffs-Appeallants' Emergency Motion for Injunction pdf file (12/18/18)
  • Brief in Opposition to Motion for Injunction pdf file (12/19/18)
  • Response to Motion pdf file (12/19/18)
  • Opposition to Appellants' Motion for Injunction pdf file (12/19/18)
  • Brief in Opposition to Plaintiffs-Appellants' Emergency Motion pdf file (12/20/18)
  • Reply in Support to Emergency Motion pdf file (12/20/18)
  • Order, Emergency Injunction Denied pdf file (12/21/18)
  • Plaintiff's-Appellants' Consented to Motion to Dismiss Appeal pdf file (12/28/18)
  • Judgement pdf file (12/28/18)
  • Mandate pdf file (12/28/18)
  • 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.

    more commentary...

    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. 


    more EL@M in the news...

    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.

    more info & analysis...