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Election Law @ Moritz

Election Law @ Moritz


Litigation

Susan B. Anthony List v. Driehaus, et al.

Case Information

Date Filed: October 18, 2010
State: Ohio
Issue: Freedom of Information
Courts that Heard this Case: U.S. District Court for the Southern District of Ohio (Case 1:10-cv-720); U.S. Court of Appeals for the 6th Circuit (Case 10-4320)

Issue:

Whether Ohio Revised Code Sections 3517.21(B)(9) and (10) are facially unconstitutional due to vagueness and lacking an actual malice requirement, and unconstitutional as applied to lobbyists taking positions on political issues. 

Status:

Order Granting Motion to Dismiss Case entered 12/20/10.

District Court Documents

Court of Appeals Documents

 

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.

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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. 


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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.

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