Last Updated: December 5, 2017 at 11:32 AM
Stein v. Cortes
Case Information
Date Filed: December 5, 2016
State: Pennsylvania
Issue: Recount Resources
Courts that Heard this Case: U.S. District Court for the Eastern District of Pennsylvania (Case 2:16-cv-06287)
Issue:
The plaintiff brings this action in relation to the difficulty they are facing in gaining a recount in Pennsylvania. The following claims are brought by plaintiff:
1. Whether the Defendants have are maintaining and implementing a system of voting that denies Pennsylvania voters the right to vote, which has severely burdened voters right to vote in violation of the Equal Protection clause.
2. Whether the Defendants are maintaining and implementing a system that burdens the right to vote and violates Due Process under the Fourteenth Amendment.
3. Whether the Defendants are maintaining and implementing a system that burdens the right to vote and violates the First Amendment.
Status:
Complaint filed 12/5/2016. Motion to Intervene by Trump et al filed 12/5/16. Order setting 12/6/16 deadline for response to Motion to Intervene. Motion for Expedited Hearing on Motion for Preliminary Injunction filed 12/6/16. Memorandum of Law in Support of Motion for Preliminary Injunction filed 12/6/16. Responses in Opposition filed by Trump et al and Cortes12/8/16. Opinion and Order Denying Motion for Preliminary Injunction filed 12/12/16.
District Court Documents
- Complaint
(filed 12/5/16) - Motion to Intervene of Trump et al
(filed 12/5/16) - Order Regarding Motion to Intervene
(filed 12/6/16) - Motion for Expedited Hearing on Motion for Preliminary Injunction
(filed 12/6/16) - Memorandum in Support of Motion for Preliminary Injunction
(filed 12/6/16) - Cortes' Response to Motion to Intervene
(filed 12/6/16) - Scheduling Order
(filed 12/6/16) - Response of Trump et al in Opposition to Motion for Preliminary Injunction
(filed 12/8/16) - Response of Cortes in Opposition to Motion for Preliminary Injunction
(filed 12/8/16) - Amicus Brief of the American Center for Law and Justice
(filed 12/8/16) - Amicus Brief of Edwin Schindler
(filed 12/8/16) - Opinion Denying Motion for Preliminary Injunction
(filed 12/12/16)
- Order
(filed 12/12/16)
- Order
- Order Referring Matter to Settlement Conference
(filed 12/15/16) - Order Regarding Responses of Defendants and Intervenors
(filed 12/20/16) - Order Granting Intervenors' Motion to Withdraw
(filed 1/9/17)


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...