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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Arizona Legislature v. Arizona Independent Redistricting Commission

Case Information

Date Filed: June 7, 2012
State: Arizona
Issue: Redistricting
Courts that Heard this Case: U.S. District Court for the District of Arizona (Case 12-CV-01211); U.S. Supreme Court (Case 13-1314)

Issue:

(1) Whether the Elections Clause of the United States Constitution and 2 U.S.C. 2a(c) permit Arizona's use of a commission to adopt Congressional districts, and

(2) Whether the Arizona Legislature have standing to bring suit

Status:

Amended Complaint filed 7/20/2012. Answer to Amended Complaint filed 8/10/12. Order granting Defendant's Motion to Dismiss and denying Plaintiff's Motion for Preliminary Injunction filed 2/21/2014. Appellee's Motion to dismiss or affirm filed 6/30/14. Appellant State Legislature's Reply filed 7/14/14. Appellant's Brief filed 12/2/14. Appellee's Brief filed 1/16/15. Reply of appellant Arizona State Legislature filed 2/17/15. Argued 3/2/15. Opinion Affirming District Court filed 6/29/15.

U.S. Supreme Court Documents

District Court Documents

 

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.

more commentary...

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. 


more EL@M in the news...

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.

more info & analysis...