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Election Law @ Moritz

Election Law @ Moritz



Michigan State A. Philip Randolph Institute et al v. Johnson

Case Information

Date Filed: May 24, 2016
State: Michigan
Issues: Voting Rights Act, Voting Technology, Ballot Design
Courts that Heard this Case: U.S. District Court for the Eastern District of Michigan (Case 2:16-cv-11844); U.S. Court of Appeals for the Sixth Circuit (Case 16-2071, 16-2115); U.S. Supreme Court (Case )


Whether a Michigan law abolishing straight ticket voting violates the Equal Protection Clause of the !4th Amendment, the Voting Rights Act, and the Americans with Disabilities Act


Complaint filed 5/24/16. Motion for Preliminary Injunction filed 5/27/16. Response in Opposition to Motion for Preliminary Injunction filed 6/28/16. Opinion and Order Granting Motion for Preliminary Injunction filed 7/21/16. Notice of Appeal filed 8/2/16. Sixth Circuit Opinion and Order Denying Motion for Stay Pending Appeal filed 8/17/16. Petition for Initial En Banc Hearing filed 8/18/16. Order Denying Petition for Initial Hearing En Banc filed 9/1/16. Emergency Application to Stay Preliminary Injunction filed in U.S. Supreme Court 9/2/16. Response to Emergency Application filed 9/7/16. Order Denying Stay filed 9/9/16. 6th Circuit Order granting voluntary dismissal of appeal filed 9/19/16.


District Court Documents

Sixth Circuit Court of Appeals documents

U.S. Supreme Court Documents


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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