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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Gill v. IRS

Case Information

Date Filed: February 19, 2013
State: Washington, D.C.
Issue: Campaign Finance
Courts that Heard this Case: United States District Court for the District of Columbia (Case 1:13-cv-00213)

Issue:

Whether the IRS regulation allowing tax exempt status for "social welfare" organizations is arbitrary or capricious as applied to groups active in particular political races.

Status:

Complaint filed 2/19/13. IRS's motion to dismiss filed 4/22/13. Plaintiffs' Memo in Opposition to Motion to Dismiss filed 5/17/13. Joint Stipulation of Dismissal filed 6/7/13.

 

District Court 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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