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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

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)

Issue:

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.

Status:

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

    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

    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. 

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