Last Updated: April 20, 2015 at 9:13 AM
NAACP v. Husted
Case Information
Date Filed: May 1, 2014
State: Ohio
Issue: Early Voting
Courts that Heard this Case: U.S. District Court for the Southern District of Ohio (Case 2:14-cv-404); U.S. Court of Appeals for the Sixth Circuit (Case 14-3877)
Issue:
Whether Ohio's reduction of early voting days and elimination of same-day registration violates Equal Protection and Section 2 of the Voting Rights Act.
Status:
Complaint filed 5/1/2014. Preliminary Pretrial Conference set for 7/2/14. Answer filed 5/23/14. Motion for Preliminary Injunction filed 6/30/14.Plaintiffs' Filing of Amended Declaration filed 7/1/14. Order filed 7/2/14. Ohio General Assembly's Motion to Intervene filed 7/11/14. Order denying Ohio General Assembly's Motion to Intervene filed 7/3014. Emergency Motion for Reconsideration as to Motion to Intervene filed 7/30/14. Order denying Motion for Reconsideration filed 7/31/14. Memorandum Opinion and Order Granting Motion for Preliminary Injunction filed 9/4/14. Sixth Circuit order expediting review filed 9/11/14. Sixth Circuit order denying stay pending appeal filed 9/12/14. Appellants' Brief filed 9/15/14. Appellees' Brief filed 9/19/14. Opinion affirming District Court filed 9/24/14. Emergency Petition for Rehearing En Banc filed 9/24/14. Appellees' response to emergency petition filed 9/25/14. Emergency Application of Husted and DeWine for Stay filed 9/25/14 in U.S. Supreme Court. Emergency Application of Ohio General Assembly filed in U.S. Supreme Court 9/25/14. Response of NAACP et al filed 9/27/14. Reply of Husted and DeWine filed 9/28/14. Order Granting Stay filed 9/29/14. Ohio General Assembly's Third Motion to Intervene filed 11/10/14. Plaintiffs' Opposition to Motion to Intervene filed 11/25/14. Opinion and Order Denying Motion to Intervene filed 11/26/14. Circuit Court's Order vacating and remanding order denying motion to intervene filed 12/19/14. Order granting Motion to Intervene filed 1/14/15. Settlement agreement filed 4/17/15. Plaintiffs' Stipulation of Dismissal filed 4/17/15.
District Court Documents
- Complaint
(filed 5/1/14) - Notice of Dispositive Filing in Related Case
(filed 5/16/14) - Answer
(filed 5/23/14) - Plaintiffs' Rule 26(f)
(filed 6/25/14) - Plaintiffs' Motion for Preliminary Injunction
(filed 6/30/14)
- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit
- Order regarding Schedule
(filed 6/30/14) - Plaintiffs' Filing of Amended Declaration
(7/1/14)
- Order
(filed 7/2/14) - Motion for Leave to file County of Cuyahoga Amicus Brief
(filed 7/8/14) - County of Cuyahoga Amicus Brief
(filed 7/8/14)
- Ohio General Assembly's Motion to Intervene
(filed 7/11/14)
- Order granting Motion for Leave to File
(filed 7/15/14) - Plaintiff's Response to Motion to Intervene
(filed 7/18/14) - Ohio General Assembly's Reply to Response to Motion to Intervene
(filed 7/21/14)
- Ohio General Assembly's Response in Opposition to Motion for Preliminary Injunction
(filed 7/23/14)
- Defendant's Response in Opposition to Motion for Preliminary Injunction
(filed 7/23/14)
- DeWine's Response in Opposition to Preliminary Injunction
(filed 7/23/14) - Order denying Ohio General Assembly's Motion to Intervene
(filed 7/30/14) - United States Department of Justice's Statement of Interest
(filed 7/30/14) - Emergency Motion for Reconsideration as to Motion to Intervene
(filed 7/30/14)
- Plaintiffs' Response to Emergeny Motion for Reconsideration
(filed 7/30/14) - Plaintiffs' Reply to Response to Motion for Preliminary Injunction
(filed 7/30/14)
- Defendant DeWine's Supplemental Memorandum regarding Motion for Preliminary Injunction
(filed 7/31/14)
- Order denying Motion for Reconsideration
(filed 7/31/14) - Ohio General Assembly's Reply to Response regarding Emergency Motion for Reconsideration
(filed 7/31/14) - Ohio Senate Democratic Caucus and Ohio House Democratic Caucus's Motion for Leave to file Brief of Amici Curiae
(filed 8/1/14) - Ohio Senate Democratic Caucus and Ohio House Democratic Caucus
(filed 8/1/14)
- Notice of Appeal
(filed 8/1/14) - Order graning Motion for Leave to File (filed 8/7/14)
- Defendants' Notice of Disputed Facts (filed 8/7/14)
- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit

- Exhibit
- Joint Statement of Undisputed Facts
(filed 8/7/14) - DeWine's Statement of Disputed Facts
(filed 8/7/14)
- Plaintiffs' Notice of Filing of Deposition
(filed 8/7/14)
- Plaintiffs Exhibit List
(filed 8/7/14)
- Plaintiffs Notice of Undisputed Facts
(filed 8/7/14)
- Defendants' Notice of Corrected Exhibits
(filed 8/8/14)
- Ohio General Assembly's Motion for Leave to File
(filed 8/8/14)
- Defendants Notice of Supplemental Persuasive Authority
(filed 8/10/14)
- Order granting Motion for Leave to File
(8/11/14) - Memorandum Opinion and Order granting Motion for Preliminary Injunction
(9/4/14) - Second Motion to Intervene by Ohio General Assembly
(9/5/14)
- Order granting Motion to Intervene
(9/8/14) - Plaintiffs' Motion for Reconsideration
(9/8/14) - Ohio General Assembly's Response to Motion for Reconsideration
(filed 9/9/14) - Order denying Motion for Reconsideration
(filed 9/9/14) - Defendant's Motion to Stay Order regarding Preliminary Injunction
(filed 9/9/14) - Plaintiff's Response to Motion to Stay
(filed 9/10/14) - Order denying Motion to Stay
(filed 9/10/14) - Plaintiffs' Motion to Enforce Judgment
(filed 9/10/14)
- Order for Defendant's to File Response
(filed 9/11/14) - Defendants' Response to Motion to Enforce Judgment
(filed 9/12/14)
- Defendants' Notice of New Directive
(filed 9/15/14)
- Order denying Motion to Enforce Judgment
(filed 9/15/14) - Letter from Mike DeWine
(filed 10/14/14) - Ohio General Assembly's Third Motion to Intervene
(filed 11/10/14)
- Plaintiff's Opposition to Motion to Intervene
(filed 11/25/14) - Opinion and Order
(filed 11/26/14) - Parties' Agreed Scheduling Order
(filed 12/04/14) - Scheduling Order
(filed 12/08/14) - Order granting Motion to Intervene
(filed 1/14/15) - Defendant's Motion to Amend Order
(filed 3/26/15) - Amended Scheduling Order
(filed 3/27/15) - Joint Motion for Entry of Rule 502(d) Order
(filed 4/3/15) - Rule 502(d)
(filed 4/6/15) - Plaintiffs' Stipulation of Dismissal
(filed 4/17/15)
Court of Appeals Documents (Motion to Intervene)
- Civil Case Docket
(filed 8/1/14) - Ohio General Assemby's Motion to Expedite
(filed 8/1/14) - Appellees' Response to Motion to Expedite
(filed 8/4/14) - Ohio General Assembly's Reply
(filed 8/5/14) - Order denying Motion to Expedite
(filed 8/6/14) - Briefing Letter
(filed 8/6/14) - Ohio General Assembly's Statement of Issues
(filed 8/15/14) - Ohio General Assembly's Motion for Extension of Time
(filed 9/17/14) - Appellees' Response to Motion for Extension of Time
(filed 9/17/14) - Ohio General Assembly's Reply to Response regarding Motion for Extension of Time
(filed 9/18/14) - Ruling Letter
(filed 9/18/14) - Appellant Brief
(filed 9/25/14) - Appellee Brief
(filed 10/28/14) - Ohio General Assembly's Reply Brief
(filed 11/07/14) - Order vacating and remanding
(filed 12/19/14) - Mandate
(filed 1/12/15)
Court of Appeals Documents
- Appellant's Motion to Expedite
(filed 9/08/14) - Appellees' Response in Opposition to Motion to Expedite
(filed 9/10/14) - Appellant's Motion for a Stay Pending Appeal
(filed 9/11/14) - Order granting Motion to Expedite
(filed 9/11/14) - Scheduling Letter
(filed 9/11/14) - Appellees' Response in Opposition to Motion for Stay
(filed 9/12/14) - Order denying Motion to Stay
(filed 9/12/14)
- Appellant's Brief
(filed 9/15/14) - United States' Amicus Brief
(filed 9/19/14) - County of Cuyahoga's Amicus Brief (filed 9/19/14)
- Appellee's Brief (filed 9/19/14)
- Appellant's Reply Brief
(filed 9/22/14) - Ohio General Assembly's Brief
(filed 9/22/14) - Opinion & Order
(filed 9/24/14) - Appellant's Petition for En Banc Rehearing
(filed 9/24/14) - Appellee's Response to Petition for En Banc Rehearing
(filed 9/25/14) - Eagle Forum Education & Legal Defense Fund's Amicus Brief
(filed 9/26/14) - Appellee's Additional Citation
(filed 9/30/14) - Order
(filed 10/01/14) - Court's Letter to Appellant
(filed 10/02/14) - Appellant's Letter to Court
(filed 10/14/14)
Supreme Court Documents
- Ohio's Petition for Stay
(filed 9/25/14) - NAACP's Response to Petition
(filed 9/27/14) - Ohio's Reply
(filed 9/28/14) - Order Granting Stay
(filed 9/29/14)


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.
more commentary...