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Election Law @ Moritz

Election Law @ Moritz


Litigation

NAACP v. Billups

Case Information

Date Filed / Ended: September 19, 2005 / June 8, 2009
State: Georgia
Issue: Voter ID
Courts that Heard this Case: U.S. District Court, Northern District of Georgia (Rome) (Case 4:05-cv-00201-HLM); U.S. Court of Appeals, 11th Circuit (Case 05-15784, 06-11927, 07-14664, 08-10432); U.S. Supreme Court (Case 08-1231)

Issue:

Whether Georgia's Voter ID Statue, which requires a state-issued photo ID, is unconstitutional or violative of the federal Voting Rights Act.

Status:

11th Circuit opinion vacating, rendering and affirming entered 1/14. Motion to Stay Mandate filed 2/10.  Petition for Writ of Cert filed with the U.S. Supreme Court on 4/1.  Brief in Opposition filed 5/6. Reply Brief filed 5/19.  Petition denied on 6/8.

Summary: Read Detailed Summary

U.S. Supreme Court Documents

U.S. Court of Appeals Documents

District Court Documents

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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. 


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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.

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