Frank.v.Walker

Last Updated: July 30, 2020 at 12:46 PM

Luft v. Evers

Case Information

Date Filed: December 13, 2011
State: Wisconsin
Issue: Voter ID
Current Court: US Court of Appeals for the Seventh Circuit (Case 16-3003, 16-3052)

Issue:

Whether Wisconsin voter ID legislation is unconstitutional as applied to certain classes of eligible Wisconsin voters; more specifically, whether the legislation unduly burdens the fundamental right to vote under the Equal Protection Clause, violates the Twenty-Fourth and Fourteenth Amendments as an unconstitutional poll tax, and violates the Equal Proection Clause in arbitrarily refusing to accept certain identification documents.

Status:

7th Circuit opinion issued 6/29/20. Disrict Court USCA Mandate Affirming in Part, and Vacate in Part, the Judgments of the Western District 7/29/20. Motion to Intervene as Defendant by the Wisconsin Legislature 7/29/20.

See related Wisconsin voter ID cases: LULAC v. Deininger, League of Women Voters of Wisconsin v. Walker, and Milwaukee Branch of the NAACP v. Walker

District Court Documents

Complaint (filed 12/13/11)
Defendant's Answer To Complaint (filed 2/13/12)
First Amended Complaint (filed 3/2/12)
Plaintiffs' Motion For Preliminary Injunction (filed 3/2/12)
Memorandum In Support Of Preliminary Injunction (filed 3/2/12)
Declaration Of Karyn Rotker (filed 3/2/12)
Declaration Of Shirley Brown (filed 3/2/12)
Response to Motion filed by All Defendants re Motion for Preliminary Injunction (3/20/12)
Reply Memorandum in Support of Preliminary Injunction (3/26/12)
Answer to Amended Complaint (3/30/12)
Confidentiality Stipulation and Protective Order (4/10/12)
Motion for Preliminary Injunction (4/23/12)
Support for Motion for Preliminary Injunction (4/23/12)
Motion for Class Certification (4/23/12)
Support for Motion for Class Certification (4/23/12)
Protective Order (5/09/12)
Confidentiality Stipulation (5/11/12)
Plaintiff's Supplemental Memorandum in Support of Motion for Preliminary Injunction (5/21/12)
Plaintiff's Expert Report on Racialized Politics in Milwaukee and Wisconsin (5/21/12)
Defendant's Brief in Opposition to Plaintiff's Motion for Class Certification (6/4/12)
Second Declaration of Clayton P. Kawski (6/4/12)
Defendant's Brief in Opposition to Plaintiff's Motion for Preliminary Injunction PDF (filed 6/4/12) (6/4/12)
Declaration of Carrie Benedon (6/4/12)
Motion of Amici Curiae Voters for Leave to Argue in Opposition to Plaintiff's Motion for Preliminary Injunction (6/4/12)
Order Granting Voters' Amici Curiae Motion to File a Brief (6/7/12)
Plaintiff's Request for Reconsideration of Court Order Granting Voters' Amici Curiae Motion (6/7/12)
Brief of Amici Curiae Voters in Opposition to Plaintiff's Motion for a Preliminary Injunction (6/8/12)
Letter Modifying Plaintiff's Request for Reconsideration (6/12/12)
Plaintiff's Reply Memorandum in Support of Motion for Preliminary Injunction (6/29/12)
Declaration of Gwendolynne Moore (6/29/12)
Declaration of David T. Canon (6/29/12)
Declaration of Jon Sherman (6/29/12)
Reply in Further Support of Plaintiff's Motion for Class Certification (6/29/12)
Second Declaration of Jon Sherman (6/29/12)
Declaration of Monica Wedgewood (6/29/12)
Plaintiffs' Motion to Increase the Number of Allowed Depositions (7/11/12)
Defendants' Memorandum in Opposition to Plaintiffs' Motion to Increase Number of Depositions (7/13/12)
Third Declaration of Clayton P. Kawski (7/13/12)
Order Increasing the Number of Depositions (7/16/12)
Court Minutes Postponing Trial Until Spring 2013 (8/15/12)
Letter Advising Court of Recent Developments in Related State Court Cases (9/21/12)
Scheduling Order (9/24/12)
Minutes of Conference (9/27/12)
Letter Updating Court on Related State Cases (10/1/12)
Notice of Cancellation of October 10 Hearing (10/8/12)
Motion for Leave to File Amicus Brief of the United States Justice Foundation (11/16/12)
Minutes of Conference (12/18/12)
Status Conference (1/30/13)
Motion for Waiver of Attorney Admission Fees (7/29/13)
Attachment A: Declaration of Jeremy N. Rosen (7/29/13)
Scheduling Order (7/30/13)
Minute Entry for proceedings held before Judge Lynn Adelman (7/29/13)
Plaintiff's Rule 7(h) Motion to Exclude Four Defendants (8/23/13)
Declaration of Karyn Rotker (8/23/13)
Exhibit Attach. A - Defendants Supplemental Disclosures (8/23/13)
Assistant Attorney General Kawski's Letter Removing Attorneys on Record (8/29/13)
Brief in Opposition filed by All Defendants re 127 Rule 7(h) Expedited Non-Dispositive Motion (8/30/13)
Fourth Declaration of Clayton P. Kawski (8/30/13)
Email from Karyn Rotker (8/30/13)
Plaintiff's Initial Disclosure (8/30/13)
Defendant's Initial Disclosure (8/30/13)
Notice of Appearance by Sean J Young on behalf of All Plaintiffs (9/12/13)
Court Minutes Denying Supplemental Witnesses and Setting Schedule (9/17/13)
Rule 7(h) Expedited Non-Dispositive Motion to Compel the Production of Complete and Un-redacted Survey Data by All Defendants (9/18/13)
Fifth Declaration of Clayton P. Kawski (9/18/13)
Exhibit A: Emails on Survey Data (9/18/13)
Exhibit B: Compact Disc not filed electronically (9/18/13)
Exhibit C: Emails on Rule 26 (9/18/13)
Letter from Assistant Attorney General Clayton P. Kawski (9/18/3)
Rule 7(h) Expedited Non-Dispositive Motion to Compel Deposition Testimony of Ruthelle Frank by All Defendants (9/24/13)
Sixth Declaration of Clayton P. Kawski (9/24/13)
Exhibit A (9/24/13)
Exhibit B (9/25/13)
Brief in Opposition filed by All Plaintiffs re Rule 7(h) Expedited Non-Dispositive Motion to Compel the Production of Complete and Un-redacted Survey Data (9/25/13)
Declaration of Sean J. Young in Support of Plaintiffs' Opposition to Defendants' Civil L.R. 7(h) Expedited Non-Dispositive Motion to Compel Production of Un-Redacted Survey Data (9/25/13)
Exhibit A - FJC Guide on Survey Research (9/25/13)
Exhibit B - AAPOR Code of Ethics (9/25/13)
Declaration of Matthew A. Barreto in Support of Plaintiffs' Opposition to Defendants' Civil L.R. 7(h) Expedited Non-Dispositive Motion to Compel Production of Un-Redacted Survey Data (9/26/13)
Letter from Attorney for Plaintiffs Sean J. Young (9/26/13)
Exhibit A - Email Correspondence (9/26/13)
Exhibit B - Pls.' Opp'n to Mot. to Compel Prod. of Un-Redacted Data (9/27/13)
Order signed by Judge Lynn Adelman on 9/27/13 denying 136 Motion to Compel (9/27/13)
Brief in Opposition filed by All Plaintiffs re Rule 7(h) Expedited Non-Dispositive Motion to Compel Deposition Testimony of Ruthelle Frank (10/1/13)
Declaration of Sean J. Young in Support of Plaintiffs' Memorandum in Opposition to Defendants' Civil L.R. 7(h) Expedited Non-Dispositive Motion to Compel Deposition Testimony of Ruthelle Frank (10/1/13)
Exhibit A - Frank Deposition Transcript (10/1/13)
Exhibit B - Complete E-mail Correspondence Between Counsel (10/1/13)
Pretrial Report by All Plaintiffs (10/18/13)
Civil Local Rule 16(c) Pretrial Report by All Defendants (10/18/13)
Motion in Limine by All Plaintiffs (10/23/13)
Brief in Support filed by All Plaintiffs re Motion in Limine (10/23/13)
Declaration of Craig G. Falls in Support of Plaintiffs' Motion in Limine (10/23/13)
Declaration of Ruthelle Frank in Support of Plaintiffs' Motion in Limine (10/29/13)
Declaration of Laurence J. Dupuis in further support of Motion in Limine (10/29/13)
Exhibit Ex. A - Letter from Dr. Murdock (10/30/13)
Response to Motion filed by All Defendants re Motion in Limine Defendants' Response in Opposition to Plaintiffs' Motion in Limine (11/5/13)
Exhibit List by All Defendants (11/5/13)
Minute Entry for proceedings held before Judge Lynn Adelman (11/8/13)
MOTION for Judgment Defendants' Federal Rule of Civil Procedure 52(c) Motion for Judgment on Partial Findings as to the Claims of Certain Plaintiffs by All Defendants (11/15/13)
Seventh Declaration of Clayton P. Kawski (11/15/13)
Exhibit List by All Plaintiffs (11/15/13)
Scheduling Order Signed by Judge Lynn Adelman (11/22/13)
Letter from Maria S. Lazar (11/25/13)
Trial Brief Frank Plaintiffs' Post-Trial Brief by All Plaintiffs (12/20/13)
Letter from Attorney for Plaintiffs Sean J. Young (1/16/14)
Plaintiffs' Amended Post-Trial Brief by All Plaintiffs (4/29/14)
Decision And Order signed by Judge Lynn Adelman on 4/29/14 denying as moot 63 Motion to Certify Class; denying as moot Motion for Judgment (4/29/14)
Judgment signed by Deputy Clerk and approved as to form by Judge Lynn Adelman (4/29/14)
Joint Motion for Extension of Time to Request Fees & Costs by All Parties (5/6/14)
Stipulation of Parties (5/6/14)
Text of Proposed Order (5/6/14)
Order signed by Judge Lynn Adelman on 5/7/14 granting Motion for Extension of Time (5/7/14)
Notice Of Appeal as to 195 Order on Motion to Certify Class, Order on Motion for Judgment (5/12/14)
Decision and Order, dated April 29, 2014 (5/12/14)
Judgment, dated April 29, 2014 (5/12/14)
Brief in Opposition filed by All Plaintiffs re 201 MOTION to Stay Notice of Motion and Motion to Stay Permanent Injunction Pending Appeal (6/2/14)
Reply Brief in Support filed by All Defendants re 201 MOTION to Stay Notice of Motion and Motion to Stay Permanent Injunction Pending Appeal (6/6/14)
Exhibit List (6/17/14)
Letter from Clayton P. Kawski (8/1/14)
Letter from Plaintiffs regarding Defendants' motion to stay and State Supreme Court decisions (8/6/14)
Decision And Order signed by Judge Lynn Adelman on 8/13/14 denying Motion to Stay Pending Appeal (8/13/14)
Motion for Permanent Injunction, Motion to Certify Class , Motion for Judgment on Remaining As-Applied Claims by All Plaintiffs (3/26/15)
Brief in Support filed by All Plaintiffs re 222 Motion for Permanent Injunction Motion to Certify Class Motion for Judgment on Remaining As-Applied Claims (3/26/15)
Scheduling Order signed by Judge Lynn Adelman on 3/30/15 (3/30/15)
Expedite Motion to Bifurcate Class Certification and Suspend Other Briefing by All Defendants (3/31/15)
Bill Of Costs Proposed by All Defendants (4/24/15)
Exhibit Itemization of Fees for Court Reporter and Transcripts (4/24/15)
Exhibit Itemization of Fees for Witnesses (4/24/15)
Brief in Opposition filed by All Defendants re Motion for Permanent Injunction Motion to Certify Class Motion for Judgment on Remaining As-Applied Claims (4/24/15)
Declaration of Kristina H. Boardman (4/24/15)
Exhibit Exhibit A - MV3012 Form (4/24/15)
Exhibit Exhibit B - Certified Records (4/24/15)
Declaration of Kevin J. Kennedy (4/24/15)
Exhibit Exhibit A - Statement of Scope (4/24/15)
Exhibit Exhibit B - Governor Approval Letter (4/24/15)
Exhibit Exhibit C - Letter to LRB (4/24/15)
Briefing Letter re: Proposed Bill of Costs Electronically Transmitted to Parties (4/27/15)
Unopposed Motion for Extension of Time to Reply and Motion for Leave to File an Oversized Reply Memorandum by All Plaintiffs (5/1/15)
Response filed by All Plaintiffs re Bill of Costs (5/12/15)
Letter from Atty Kawski to Judge Adelman (5/18/15)
Brief filed by All Defendants re Bill of Costs, Response (Non-Motion) Def's Br. in Opp'n to Pl's Objections to Bill of Costs (5/19/15)
Reply Brief in Support filed by All Plaintiffs re Motion for Permanent Injunction Motion to Certify Class Motion for Judgment on Remaining As-Applied Claims (5/22/15)
Reply filed by All Plaintiffs re Bill of Costs, Response (Non-Motion) Plaintiffs' Reply in Objection to Defendants' Bill of Costs (5/26/15)
Rule 7(h) Expedited Non-Dispositive Motion to Strike Pl's Evidence Filed on Reply and to Strike Portions of Pl's Reply Brief by All Defendants (5/27/25)
Response to Motion filed by All Plaintiffs re 240 Rule 7(h) Expedited Non-Dispositive Motion to Strike Pl's Evidence Filed on Reply and to Strike Portions of Pl's Reply Brief (6/3/15)
Letter from Attorney Sean J. Young re: Supplemental Legal Authority (8/6/15)
Order signed by Judge Lynn Adelman on 9/4/15 setting telephone conference for 9/14/2015 11:00 AM CST before Judge Lynn Adelman to schedule oral argument on 222 (9/4/15)
Minute Entry for proceedings held before Judge Lynn Adelman (9/14/15)
Notice of Appearance by Sophia L Lakin on behalf of All Plaintiffs (9/16/15)
Notice of Change of Address by Angela M Liu (10/2/15)
Letter from Attorney Sean J. Young re: judgment per Fed. R. Civ. P. 58(a) (11/4/15)
Judgment signed by Deputy Clerk (11/5/15)
Joint Motion for Attorney Fees Proceedings to be Held in Abeyance by All Defendants (11/12/15)
Order signed by Judge Lynn Adelman on 11/13/15 granting 254 Motion for Attorney Fees Proceedings to be Held in Abeyance (11/13/15)
Notice Of Appeal as to Judgment, Order on Motion for Permanent Injunction, Order on Motion to Certify Class, Order on Motion for Judgment, Order on Motion to Strike (11/17/15)
Docketing Statement by All Plaintiffs re Notice of Appeal (11/17/15)
Attorney Cover Letter re: Notice of Appeal (11/17/17)
Letter from Attorney Sean J. Young (5/4/16)
Stipulation & Agreed Qualified Protective Order by All Defendants (5/25/16)
Order signed by Judge Lynn Adelman (5/25/16)
Letter from Attorney Sean J. Young (5/25/16)
Letter from Attorney S. Michael Murphy in Opposition to DKT 270 (5/26/16)
Order re confidentiality signed by Judge Lynn Adelman (5/26/16)
Letter from AAG S. Michael Murphy on behalf of the defendants to Honorable Lynn Adelman re upcoming Status Conference on June 7, 2016 (6/10/16)
Motion for Preliminary Injunction , Leave to File Supplemental Pleading, and Class Certification by All Plaintiffs (6/10/16)
Text of Proposed Order (6/10/16)
Brief in Support filed by All Plaintiffs re Motion for Preliminary Injunction , Leave to File Supplemental Pleading, and Class Certification (6/10/16)
Declaration of Sean J. Young in Support of Motion for Preliminary Injunction, Leave to File Supplemental Pleading, and Class Certification (6/10/16)
Brief in Opposition filed by All Defendants re Motion to Expedite Briefing on Plaintiffs' Motion for Preliminary Injunction, Leave to File Supplemental Pleading, and Class Certification (6/14/16)
Decision And Order signed by Judge Lynn Adelman on 6/15/16 granting Motion to Expedite (6/15/16)
Letter from Attorney Sean J. Young re: Supplemental Legal Authority (6/27/16)
Brief in Opposition filed by All Defendants re Motion for Preliminary Injunction , Leave to File Supplemental Pleading, and Class Certification (6/29/16)
Declaration of Michael Haas (6/29/16)
Declaration of Kristina Boardman (6/29/16)
Declaration of S. Michal Murphy (6/29/16)
Rule 7(h) Expedited Non-Dispositive Motion to Strike by All Defendants (6/29/16)
Reply Brief in Support filed by All Plaintiffs re Motion for Preliminary Injunction , Leave to File Supplemental Pleading, and Class Certification (7/6/16)
Brief in Opposition filed by All Plaintiffs re 290 Rule 7(h) Expedited Non-Dispositive Motion to Strike (7/6/16)
Exhibit 1 (7/8/16)
Letter from AAG S. Michael Murphy re: Updates to parrallell litigation and photo receipt renewals (7/19/16)
Order signed by Judge Lynn Adelman on 7/19/2016 Granting 278 Motion for Preliminary Injunction; Granting Motion to file a supplemental complaint; Granting Motion for class certification; Granting Motion to Seal Document; Denying 290 Motion to Strike; Dismissing as Moot claims involving veterans' ID cards (7/22/16)
Notice OF Appeal as to 294 Order on Motion for Preliminary Injunction, Order on Motion to Seal Document, Order on Motion to Strike (7/26/16)
Supplement by Ruthelle Frank Supplemental Complaint (7/28/16)
Notice Of Cross Appeal as to Order on Motion for Preliminary Injunction, Order on Motion to Seal Document, Order on Motion to Strike (7/28/16)
Docketing Statement by All Plaintiffs re Notice of Cross Appeal (7/28/16)
Amended Answer to Plaintiff's Supplemental Complaint (8/12/16)
Order of USCA The motion for reconsideration of our order staying the district courts injunction is denied (8/16/16)
Emergency Motion for Temporary Restraining Order on behalf of new proposed Plaintiff Andrew Voegele (11/8/16)
Brief in Support filed by All Plaintiffs re Emergency Motion for Temporary Restraining Order (11/8/16)
Declaration of Sean J. Young in support of Emergency Motion for Temporary Restraining Order (11/8/16)
Brief in Opposition re Emergency Motion for Temporary Restraining Order (11/10/16)
Reply Brief in Support of Emergency Motion for Temporary Restraining Order (11/10/16)
Suppplemental Complaint by Shirley Brown (11/10/16)
Response re Supplement (11/17/16)
Rule 7(h) Expedited Non-Dispositive Motion for Clarification of the Stipulated Protective Order (8/28/17)
Motion to Supplement Complaint by All Plaintiffs (12/28/17)
Brief in Opposition to Motion to Supplement Complaint by All Plaintiffs (1/18/18)
Reply Brief in Support of Motion to Supplement Complaint by All Plaintiffs (2/1/18)
USCA Mandate Affirming In Part, Reversing In Part, And Vacate In Part, The Judgments Of The Western District (7/29/20)
Motion To Intervene As Defendant By The Wisconsin Legislature (7/29/20)
Brief In Support Filed By The Wisconsin Legislature re Motion To Intervene As Defendant (7/29/20)

7th Circuit Court of Appeals Documents

Petition for Initial Hearing En Banc (7/29/16)
Appellants' Statement on Expediting Appeal (8/05/16)
Appellees' Response in Opposition to Motion to Stay (8/05/16)
Appellees' Statement on Expediting Appeal (8/05/16)
Appellants' Reply to Appellees' Memo in Opposition to Motion to Stay (8/08/16)
Order Staying Injunction (8/10/16)
Emergency Petition for Rehearing (8/11/16)
Order Denying Motion for Reconsideration (8/15/16)
Response to Petition for Initial Hearing En Banc (8/22/16)
Order Denying Initial En Banc Hearing (8/26/16)
Appellants' Brief and Short Appendix (8/31/16)
Appellants' Separate Appendix (8/31/16)
Plaintiffs' Letter Regarding Stay Order (9/01/16)
Defendants' Letter in Response (9/01/16)
Appellees' Brief and Short Appendix (9/30/16)
Appellants' Motion to Strike Appellees' Brief and Short Appendix (10/03/16)
Reply by Appellants' in Support of Their Emergency Motion to Strike Appellees' Brief (10/11/16)
Amicus Brief by Amici Curiae League of Women Voters of Wisconsin, The City of Madison, and Milwaukee Mayor Tom Barrett in Support of Appellees (10/11/16)
Order Denying Appellants' Motion to Strike (10/12/16)
Plaintiffs'-Appellees' Citation of Supplemental Authority (10/21/16)
Reply and Response Brief of Defendants-Appellants, Cross-Appellees (10/31/16)
Defendants-Appellants, Cross-Appellees' Supplemental Appendix (10/31/16)
Reply Brief of Plaintiffs-Appellees (11/14/16)
Appellants' Citation of Additional Authority (12/14/16)
Appellants' Submission of Additional Authority (12/20/16)
Appellees' Response to Submission of Additional Authority (12/21/16)
Order Vacating Oral Argument (1/10/17)
Motion to Advance Rescheduling of Oral Argument (1/17/17)
Citation of Additional Authority, per Circuit Rule 28(e) (2/24/17)
Filed Opinion Of The Court By Judge Easterbrook (6/29/20)

U.S. Supreme Court Documents

Emergency Application to Vacate Stay (10/02/14)
Memorandum in Opposition to Emergency Application (10/06/14)
Emergency Application to Stay Seventh Circuit Judgment (10/08/14)
Order Granting Application to Vacate Stay (10/09/14)
Petition for writ of cert (1/07/15)
Respondent's Brief (2/06/15)
Brief amicus curiae of Civil Rights Clinic at Howard University (2/09/15)
Brief amicus curiae of ColorofChange.org (2/09/15)
Brief amicus curiae of Congressional Congressional Black Caucus (2/09/15)
Brief amicus curiae of Latino Justice PRLDEF et al. (2/09/15)
Brief amicus curiae NALEO (2/09/15)
Brief amicus curiae of League of Women Voters of United States et al. (2/09/15)
Brief amicus curiae of National Council of Independent Living (2/09/15)
Brief amici curiae of Rock the Vote & Ourtime.org (2/09/15)
Brief amici curiae of Charles Hamilton Houston Institute For Race And Justice et al. (2/09/15)
Brief amicus curiae of One Wisconsin Institute (2/09/`5)
Petitioner's Reply (2/24/15)
Petition for Certiorari Denied Without Comment (3/23/15)