Posted: December 7, 2016
In Michigan Recount, Conflicting Rulings from Sixth Circuit and Michigan Court of Appeals
Yesterday, the Sixth Circuit U.S. Court of Appeals and the Michigan Court of Appeals issued differing opinions regarding whether the Jill Stein-initiated recount should proceed. The Sixth Circuit affirmed the District Court\'s order requiring the recount to commence, while the Michigan Court of Appeals ruled that the Board of State Canvassers should not have granted Stein\'s recount petition as a matter of state law. Another hearing is scheduled in federal court today. The cases are Stein v. Thomas (federal court) and Schuette v. Board of State Canvassers (state court).
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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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