Last Updated: December 16, 2016 at 11:23 AM
Stein v. Thomas
Case Information
Date Filed: December 2, 2016
State: Michigan
Issue: Recount Resources
Courts that Heard this Case: U.S. District Court for the Eastern District of Michigan (Case 2:16-cv-14233)
Issue:
Whether the decision of the Michigan Director of Elections to delay any recount efforts is a violation of the Due Process, Equal Protection and the First Amendment. Plaintiff requests that the court enjoin the Defendants and their agents from delaying the recount process.
Status:
Complaint and Motion for TRO and Preliminary Injunction filed 12/2/16. Order Granting Preliminary Injunction filed 12/5/2016. Notice of Appeal filed 12/5/16. Emergency Motion to Stay District Court Order and Petition for Initial En Banc Review filed in Sixth Circuit by Michigan Republican Party and Michigan AG Bill Schuette on 12/5/16 and 12/6/16. Sixth Circuit decision affirming District Court's issuance of TRO filed 12/6/16. Motions to dissolve TRO filed in District Court by Michigan Republican Party and AG Schuette 12/6/16. Order Dissolving TRO filed 12/7/16. Notice of Voluntary Dismissal filed 12/13/16.
Related case: Schuette v. Board of State Canvassers
District Court Documents
- Complaint
(filed 12/2/16) - Motion for a Temporary Restraining Order and Preliminary Injunction
(filed 12/2/16) - Motion to Intervene of Michigan Republican Party
(filed 12/4/16) - Motion to Intervene of Michigan AG Bill Schuette
(filed 12/4/16) - Defendants' Response in Opposition to Motion for Temporary Restraining Order
(filed 12/4/16) - Defendant Bill Schuette's Response in Opposition to Motion for Temporary Restraining Order
(filed 12/4/16) - Opinion & Order Granting Motion for Temporary Restraining Order
(filed 12/5/16) - Notice of Appeal of Michigan Republican Party
(filed 12/5/16) - Notice of Appeal of Michigan AG Bill Schuette
(filed 12/6/16) - Plaintiffs' Non-Opposition to AG Schuette's Motion to Intervene
(filed 12/6/16) - Michigan Republican Party's Motion to Dissolve TRO
(filed 12/6/16) - AG Schuette's Motion to Dissolve TRO
(filed 12/6/16) - First Amended Complaint
(filed 12/6/16) - Memorandum in Opposition to Motions to Dissolve TRO
(filed 12/7/16) - Supplemental Brief of Michigan Republican Party
(filed 12/7/16) - Order Dissolving TRO
(filed 12/7/16) - Notice of Voluntary Dismissal
(filed 12/13/16)
Sixth Circuit Court of Appeals Documents
- Petition by Michigan Republican Party for Initial En Banc Review
(filed 12/5/16) - Emergency Motion for Stay by Michigan Republican Party
(filed 12/5/16) - Motion to Intervene by Michigan Attorney General Bill Schuette
(filed 12/6/16) - Emergency Motion to Stay by Michigan AG Schuette
(filed 12/6/16) - 2-1 Decision Affirming District Court's Issuance of TRO
(filed 12/6/16)


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.
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