Posted: February 28, 2017
Yesterday, the U.S. Department of Justice withdrew a claim that Texas enacted voter ID legislation with discriminatory intent. This represents a reversal in stance from the Obama Administration to the Trump Administration. Private plaintiffs in the case continue to assert this claim, on which the court will eventually issue a decision. The case is Veasey v. Abbott.
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.
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.
Election Law @ Moritz | The Ohio State University Michael E. Moritz College of Law | electionlaw@osu.edu
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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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