OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Shelby County, Alabama v. Lynch

Case Information

Date Filed: April 27, 2010
State: Alabama
Issue: Voting Rights Act
Courts that Heard this Case: U.S. District Court for the District of Columbia (Case 1:10-cv-00651); U.S. Court of Appeals for the District of Columbia Circuit (Case 14-5138); U.S. Supreme Court (Case 12-96)

Issue:

Whether Sections 4(b) and 5 of the Voting Rights Act are unconstitutional.

Status:

Appellee Attorney General Holder brief filed 12/1/11.  Amicus Brief of New York Law School Racial Justice Project filed 12/7/11. Appellant Shelby County, Alabama filed 12/15/11. Court of Appeals Opinion and Order filed 5/18/12. Petition for certiorari filed 7/20/12. Brief for Respondents in Opposition to certiorari filed 9/24/12. Petition for Certiorari granted 11/9/12. Set for argument 2/27/13. Petitioner's Brief filed 12/26/12. Reply Brief for Petitioner filed 2/19/13. Supreme Court oral argument held 2/27/13. Opinion finding section 4 unconstitutional filed 6/25/13. Order denying Plaintiffs' Motion for Attorney's Fees filed 5/28/14. Notice of Appeal filed 6/3/14. Appellant's Brief filed 10/28/14. Appellee's Brief filed 12/12/14. Joint Appellee's Brief filed 12/22/14. Appellant Reply Brief filed 1/16/15. Oral argument heard on 4/10/15. Per Curiam Judgment 9/01/15. Opinion filed 9/01/15.  MANDATE of USCA ORDERED10/27/15.

Disclosure: EL@M Senior Fellow Daniel Tokaji is an amicus curiae supporting Respondents in this case. No EL@M member who participates in any lawsuit covered on the EL@M website is involved in generating the website's information or analysis on that lawsuit.

District Court Documents

 

Court of Appeals Documents

 

Supreme Court Documents

 

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.

more commentary...

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. 


more EL@M in the news...

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...