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Election Law @ Moritz

Election Law @ Moritz



League of Women Voters v. Newby

Case Information

Date Filed: February 12, 2016
State: Kansas
Issue: Voter Registration
Current Court: United States Court of Appeals for the District of Columbia Circuit (Case 19-7027)


Whether the EAC unlawfully permitted certain states to modify the national uniform mail-in voter registration form by requiring documentary proof of citizenship.


Complaint and Motion for Temporary Restraining Order and Preliminary Injunction filed 02/12/16. Answer filed 4/22/16. Opinion denying motion for preliminary injunction filed 6/29/16. Notice of Appeal filed 7/1/16. Appellants' Brief and Joint Appendix filed 7/18/16. Motion for summary judgment filed in District Court 7/22/16. Federal Appellees' Brief filed 7/27/16. Kobach's Appellee Brief filed 8/3/16. Per Curiam Judgment and Order Reversing District Court filed 9/9/16. District Court opinion and order remanding case to EAC filed 2/24/17. Memorandum in Opposition to Motion to Intervene filed 4/417. Eagle Forum has moved to intervene in this case for the limited purpose of unsealing documents that are currently sealed on the Court’s docket. Contrary to Eagle Forum’s assertion in its Notice, the decision in MetLife does not “resolve [any] issue in favor of unsealing the record” in this case filed 9/18/17. Notice of Appeal to DC Circuit Court Case Number 19-7027 filed 4/11/19. Appellants Opening Brief 8/5/19. Appellee's Opening Breif 10/4/19. Appellant's Reply Brif 8/25/19. 


District Court Documents

  • Appellant's Motion to Revise the Caption pdf file (filed 5/10/19)
  • Statement of Issue to be Raised pdf file (filed 5/10/19)
  • Decision from Which Appeal Arises pdf file (filed 5/10/19)
  • Clerk's Order pdf file (filed 5/29/19)
  • Appellant's Opening Brief pdf file (filed 8/5/19)
  • Appellee's Opening Brief pdf file (filed 10/4/19)
  • Appellant's Reply Brief pdf file (filed 10/25/19)
  • Joint Appendix pdf file (filed 11/1/19)
  • Appellant's Final Reply Brief pdf file (filed 11/5/19)
  • Appellant's Final Opening Brief pdf file (filed 11/5/19)
  • Appellee's Final Brief pdf file (filed 11/5/19)
  • 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.

    more info & analysis...