Last Updated: July 19, 2018 at 8:00 PM
Common Cause v. Kemp
Case Information
Date Filed: February 10, 2016
State: Georgia
Issue: Voter Registration
Courts that Heard this Case: District Court (Case 1:16-CV-00452); Eleventh Circuit U.S. Court of Appeals (Case 17-11315); United States District Court (Case 1:16-cv-00452-TCB)
Issue:
Whether a Georgia statute authorizing the removal of voters from registration lists after a period of inactivity violates the First Amendment and the National Voter Registration Act.
Status:
Complaint filed 2/10/16. Motion to Dismiss filed 3/4/16. DOJ Statement of Interest filed 5/4/16. Order granting motion to dismiss filed 3/17/17. Notice of Appeal filed 3/23/17. Appellants' Brief filed 6/5/17. Appellee's Brief filed 7/19/17. Oral Argument held 3/9/18. Opinion Vacating Dismissal Order and Remanding for Consideration of Pending U.S. Supreme Court Case of A. Philip Randolph Institute v. Husted filed 3/12/18. Civil Case Terminated (6/12/18)
District Court Documents
- Complaint
(filed 2/10/16) - Motion to Dismiss
(filed 3/04/16) - Response in Opposition of Motion to Dismiss
(filed 3/21/16) - Defendants' Reply Brief
(filed 4/05/16) - DOJ Statement of Interest
(filed 5/04/16) - Reply to Response to Motion to Dismiss
(filed 5/23/16) - Defendant's Notice of Filing Supplemental Authority
(filed 6/30/16)
- Plaintiffs' Brief Regarding Supplemental Authority
(filed 7/21/16) - Notice of United States of Related Filing
(filed 7/21/16) - Defendant's Brief Regarding Supplemental Authority
(filed 8/11/16) - Plaintiffs' Notice of Supplemental Authority
(filed 9/23/16) - Order Granting Motion to Dismiss
(filed 3/17/17)
- Order
(filed 3/17/17)
- Order
- Notice of Appeal
(filed 3/23/17) - USCA Opinion Received, Vacated and Remanded
(3/12/18) - Notice of Voluntary Dismissal Without Prejudice
(6/12/18)
Eleventh Circuit Court of Appeals Documents
- Appellant's Brief
(filed 6/5/17) - ACLU Amicus Brief in Support of Appellants
(filed 6/12/17) - Appellee's Motion to Hold Case in Abeyance
(filed 6/26/17) - Appellant's Response to Motion to Hold Case in Abeyance (filed 7/5/17)
- Appellee's Brief
(filed 7/19/17) - Amicus Brief filed by Amici Curiae Judicial Watch, Inc. and AEF
(7/26/17) - Appellee's response to Appellant's Response to Motion to Hold in Abeyance
(7/31/17) - Supplement to Appellee's Response to Appellant's Response to Motion to Hold in Abeyance
(filed 7/31/17) - Appellant's Reply to Brief
(filed 8/1/17) - Appellee's Motion to Strike Supplemental Authority
(filed 8/10/17) - Appellee's Motion for Extension of time to file Response to Motion to Strike Supplemental Authority
(filed 8/21/17) - Appellant's Response to Motion to Strike Supplemental Authority and Brief in Support
(filed 10/25/17) - Order Granting Appellant's Motion to Strike Supplemental Authority and Brief
(filed 10/2/17) - Opinion Vacating District Court's Dismissal Order and Remanding for Consideration of Pending U.S. Supreme Court Case
(filed 3/12/18)


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...