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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Benisek v. Lamone

Case Information

Date Filed: November 11, 2013
State: Maryland
Issue: Redistricting
Current Court: US Supreme Court (Case 17-333)

Issue:

Original Issue before U.S. Supreme Court: Whether a single-judge district court can conclude that a three-judge panel is not required to hear a 28 U.S.C. § 2284 complaint, not because it is insubstantial, but because the complaint fails to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure, as determined by the court.

Current Issue: Whether the Maryland legislature's redrawing of Congressional district lines violates the U.S. Constitution.

Status:

US District Court for the District of Maryland Opinion filed on 04/08/2014. US Court of Appeals for the 4th Circuit Opinion filed on 10/07/2014. US Supreme Court Granted Petition for Writ of Cert on 06/08/2015. Oral Argument held on 11/04/15. U.S. Supreme Court Opinion filed 12/8/15. Second Amended Complaint on remand filed 3/3/16. Motion to Dismiss filed 4/20/16. Opinion and Order Denying Motion to Dismiss filed 8/24/16. Answer to Amended Complaint filed 9/7/16. Plaintiffs' Motion for Preliminary Injunction filed 5/31/17. Joint Status Report filed 6/2/17 and 6/30/17. Defendants' Cross-Motion for Summary Judgment filed 6/30/17. Memorandum Opinion Denying Plaintiffs' Motion for Preliminary Injunction filed 8/24/17. Order Entering Stay filed 8/24/17. Notice of Appeal to U.S. Supreme Court filed 8/25/17. Jurisdictional Statement filed 9/1/17. Motion to Expedite filed 9/1/17. Order Denying Motion to Expedite filed 9/13/17. Motion to Affirm filed 10/31/17. Brief in Opposition to Motion to Affirm filed 11/13/17. Order postponing further consideration of jurisdiction question until hearing of case on merits filed 12/8/17. Appellants' Brief filed 1/22/18. Appellees' Brief filed 2/21/18. Opinion Affirming District Court Decision Denying Preliminary Relief filed 6/18/18.

 

District Court Documents


Circuit Court of Appeals Documents

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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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.

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