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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

LaRoque v. Holder/Nix v. Holder

Case Information

Date Filed: April 7, 2010
State: National
Issue: Voting Rights Act
Courts that Heard this Case: U.S. District Court for the District of Columbia (Case 1:10-cv-00561); U.S. Court of Appeals for the D.C. Circuit (Case 11-5349); U.S. Supreme Court (Case 12-81)

Issue:

Whether Section 5 of the Voting Rights Act of 1964 exceeds Congress' authority under the Fifth, Fourteenth, and Fifteenth Amendments to the U.S. Constitution.

Status:

District Court opinion issued 12/22/11. Court of Appeals vacates opinion of District Court 5/18/12. Petition for certiorari filed 7/23/12. Brief for Respondents opposing certiorari filed 9/24/12.

Supreme Court Documents (Now known as Nix v. Holder)

Appellate Court Documents

District Court Documents

Related EL@M Articles

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...