OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

 

North Carolina v. North Carolina NAACP

Case Information

Date Filed: August 12, 2013
State: North Carolina
Issues: Voter ID, Voting Rights Act
Courts that Heard this Case: Middle District of North Carolina (Case 1:13-cv-658); United States Court of Appeals for the Fourth Circuit (Case 14-1856); United States Court of Appeals for the Fourth Circuit (Case 16-2193); U.S. Supreme Court (Case 16-833)

Issue:

Do the provisions of HB 589 (Voter ID requirements) violate Section 2 of the Voting Rights Act (42 U.S.C. 1973) and the Fourteenth and Fifteenth Amendments of the Constitution?

Status:

Fourth Circuit U.S. Court of Appeals opinion reversing District Court filed 7/29/16. Motion for Stay filed 8/3/16. Order Denying Stay filed 8/4/16. Emergency Stay Application filed with U.S. Supreme Court 8/15/16. Responses filed 8/25/16. Order Denying Stay filed 8/31/16. Emergency Motion to Enforce Injunction filed in District Court 10/1/16. Order denying Motion to Enforce Injunction filed 10/13/16. Order Denying Motion for Injunction Pending Appeal filed 10/19/16. Motion to Voluntarily Dismiss Appeal 11/1/16. Petition for Writ of Certiorari filed in U.S. Supreme Court 12/27/16. Response to Petition filed 1/19/17. Reply of North Carolina filed 2/13/17. Reply of North Carolina AG filed 3/9/17. Private Respondents' Motion to Add NC General Assembly as Petitioner filed 3/9/17. Petition for Writ of Certiorari denied 5/15/17.

Related cases: League of Women Voters of North Carolina v. Howard and United States v. North Carolina.

District Court Documents

Fourth Circuit Court of Appeals Documents (first appeal)

 

Fourth Circuit Court of Appeals Documents (second appeal)

Fourth Circuit Court of Appeals Documents (third 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. 

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...