OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz



Frank v. Walker

Case Information

Date Filed: December 13, 2011
State: Wisconsin
Issue: Voter ID
Current Court: United States District Courts (Case 2:11-cv-01128)


Whether Wisconsin voter ID legislation is unconstitutional as applied to certain classes of eligible Wisconsin voters; more specifically, whether the legislation unduly burdens the fundamental right to vote under the Equal Protection Clause, violates the Twenty-Fourth and Fourteenth Amendments as an unconstitutional poll tax, and violates the Equal Proection Clause in arbitrarily refusing to accept certain identification documents.


District Court Opinion and Order issued 10/19/2015. Appellants' Briefs on appeal in 7th Circuit filed 12/28/15. Appellee's brief in 7th Circuit filed 1/26/16. 7th Circuit Court of Appeals opinion reversing District Court filed 4/12/16. District Court decision and order on remand in favor of plaintiffs filed 7/19/16. District Court Order Denying Stay Pending Appeal filed 7/29/16. 7th Circuit Order Granting Stay Pending Resolution of Appeal filed 8/10/16. Emergency Petition for Rehearing filed 8/11/16. 7th Circuit Order Denying Motion for Reconsideration filed 8/15/16. 7th Circuit Order Denying Initial En Banc Hearing filed 8/26/16. Appellants' Brief and Appendix filed 8/31/16. Appellees' Brief and Short Appendix filed 9/30/16. Oral Argument rescheduled for 2/24/17.Order Grnting In Part Plaintiffs' Motion for Attorney fees and Expenses filed 4/2/18. Civil Case Terminated filed 4/11/2018.


See related Wisconsin voter ID cases: LULAC v. Deininger, League of Women Voters of Wisconsin v. Walker, and Milwaukee Branch of the NAACP v. Walker

District Court Documents

  • Defendant's Opposition to Motion For Clarificaiton pdf file (filed 9/1/17)
  • Declaration of Murphy In Support of Defendants' Opposition pdf file (filed 9/1/17)
  • Motion for Leave, Supplemental Complaint pdf file (filed 12/28/17)
  • Defendants' Opposition to Plaintiffs' Motion pdf file (filed 1/18/18)
  • Reply Memorandum of Law in Support of Motion pdf file (filed 2/1/18)
  • 7th Circuit Court of Appeals Documents (first appeal)


    7th Circuit Court of Appeals Documents (second appeal)

    U.S. Supreme Court Documents


    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. 

    more commentary...

    In the News

    Edward B. Foley

    Yes, American democracy is in peril — but don’t blame the bots

    A post written by Prof. Edward Foley for SCOTUSblog about Justice Anthony Kennedy’s jurisprudence on voting rights was quoted in Salon.


    “For Kennedy, freedom comes first and democracy second, and … the purpose of democracy is to preserve and promote personal liberty,” Foley writes. 

    more EL@M in the news...

    Info & Analysis

    Supreme Court Upholds Most Texas Districts in Racial Gerrymandering Case

    In a 5-4 decision that reversed the ruling of the District Court, the U.S. Supreme Court determined that the drawing of most of the disputed Texas districts did not violate the Constitution or the Voting Rights Act. The case is Abbott v. Perez.

    more info & analysis...