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Election Law @ Moritz

Election Law @ Moritz


Litigation

Berg v. Obama

Case Information

Date Filed: August 21, 2008
State: Pennsylvania
Issue: Candidate Eligibility
Courts that Heard this Case: U.S. District Cour for the Eastern District of Pennsylvania (Case 2:08-cv-04083)

Issue:

Whether Senator Barrack Obama is a U.S. citizen and eligible to hold the office of President of the United States.  Plaintiff is alleging that Senator Obama is falsely claiming to be a natural born citizen. 

Status:

Complaint and Motion for Temporary Restraining Order (TRO) filed on 8/21/08.  Motion for TRO was denied by the Court on 8/22/08. 

District Court Documents

Related Links

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.

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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. 


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...