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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. Supreme Court Judgment 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

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

District Judge Rules in Favor of State in Ohio Voter Registration Case

Ruling on forms used by the state of Ohio to remove inactive voters from the voter rolls, U.S. District Judge George Smith found one minor violation of the National Voter Registration Act, but otherwise ruled that the forms did not violate federal law. The case is Ohio A. Philip Randolph Institute v. Husted.

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