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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Evenwel v. Abbott

Case Information

Date Filed: April 21, 2014
State: Texas
Issue: Redistricting
Courts that Heard this Case: US District Court for the Western District of Texas Austin Division (Case A-14-CV-335-LY-CH-MHS); U.S. Supreme Court (Case 14-940)

Issue:

Whether PLANS172, the official Texas districting plan, violates the one-person, one-vote principle of the Equal Protection Clause by not apportioning districts to equalize both total population and voter population.

Status:

District Court Opinion filed on 11/05/14. Probable jurisdiction noted by Supreme Court 5/26/15. Appellants' brief filed 7/31/15. Appellees' brief filed 9/18/15. Appellants' Reply Brief filed 10/19/15. Opinion filed 4/4/16.

 

District Court Documents

Supreme 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...