Posted: August 8, 2016
D.C. Circuit Sends True the Vote Case Against IRS Back to District Court
In a recently-issued opinion, a three-judge panel of the D.C. Circuit Court of Appeals reversed in part and affirmed in part the District Court\'s decision in True the Vote\'s case challenging the targeting of conservative non-profit groups by the IRS. The court of appeals affirmed the dismissal of claims for damages against government officials. However, the court did not agree that True the Vote\'s efforts to halt discriminatory enforcement by the IRS were now moot. The panel determined that a judgment on the merits regarding whether the IRS had ceased its discriminatory treatment was warranted. The case is True the Vote v. IRS.
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Commentary
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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