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Election Law @ Moritz

Election Law @ Moritz



Gill v. Whitford

Case Information

Date Filed / Ended: July 8, 2015 / August 19, 2019
State: Wisconsin
Issue: Redistricting
Courts that Heard this Case: U.S. District Court for the Western District of Wisconsin (Case 3:15-cv-00421); U.S. Supreme Court (Case 16-1161)


Whether Wisconsin's redistricting plan violates the Equal Protection Clause of the 14th Amendment, the First Amendment right to freedom of association, and plaintiffs' civil rights under 42 U.S.C. 1982 and 1988.


Complaint filed 7/8/15. Opinion and Order denying defendants' motion to dismiss filed 12/17/15. Opinion and Order denying defendants' motion for summary judgment filed 4/7/16. Trial briefs filed 5/16/16. Post-trial briefs filed 6/10/16. Opinion finding Assembly Districts unconstitutionally drawn filed 11/21/16. Briefs on Remedies filed 12/21/16. Opinion and Order on Remedy filed 1/27/17. Notice of Appeal to U.S. Supreme Court filed 2/24/17. Jurisdictional Statement filed 3/24/17. Amicus Briefs filed 4/24/17. Motion to Affirm filed 5/8/17. Memo in Opposition filed 5/18/17. Stay Application filed 5/22/17. Order Granting Stay filed 6/19/17. Appellants' Brief filed 7/28/17. Joint Appendix filed 7/28/17. Appellees' Brief filed 8/28/17. Many Amicus Briefs filed in Aug. and Sept. Appellants' Reply Brief filed 9/19/17. Oral Argument Transcript filed 10/3/17. Opinoin Remanding Case on Standing Grounds: under the Wisconsin Constitution, the legislature must redraw the boundaries of those distrcts following each census filed 6/18/18. Amended Complaint filed 9/14/18. Currently proposing canidates for Special Masters. Motion to Intervene granted filed 11/13/18. Emergency Motion to Stay filde 1/7/19. Scheduling Order: Court Trial set for 7/15/2019 - 7/18/2019 at 09:00 AM. Signed by District Judge James D. Peterson on 2/1/2019. Stipulated Motion to Enter Protective Order 3/29/19. Order Granting in Part and Denying in part Non-Party Movants' Motions to Quash 4/10/19.Order Granting Plaintiffs' Motion to Compel Discovery 5/3/19. Emergency Motion to Stay 5/10/19. Order Denying Motion to Stay 5/13/19. Pretrial Disclosures 6/14/19. Plaintiffs' Motion For Dismissal For Lack Of Jurisdiciton 6/28/19. Motion for Attorney Fees 7/15/19. Plaintiffs' Opposition to Motion for Attorney's Fees 7/29/19. 

U.S. Supreme Court Documents

District Court Documents

United State Court of Appeals


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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