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Election Law @ Moritz

Election Law @ Moritz


Litigation

Citizens United v. Federal Election Commission

Case Information

Date Filed / Ended: December 13, 2007 / January 21, 2010
State: National
Issue: Campaign Finance
Courts that Heard this Case: U.S. District Court for the District of Columbia (Case 1:07-cv-02240); U.S. Supreme Court (Case 08205)

Issue:

Do federal campaign finance laws apply to a critical film about a US Senator intended to be shown in theaters and on-demand  cable.  The Supreme Court ordered re-argument to focus on the constitutionality of limiting corporations’ independent spending during campaigns for the Presidency and Congress.

Status:

Final Decision entered 1/21/10

Related Links

Supreme Court Documents

District Court Documents

Related EL@M Articles

Commentary

Edward B. Foley

The Missing Link in Gerrymandering Jurisprudence

Edward B. Foley

The key advance is the ability to identify whether a redistricting map is an extreme outlier in the degree of its partisan bias.

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In the News

Daniel P. Tokaji

A path through the thicket the First Amendment right of association

A post written by Professor Dan Tokaji for SCOTUSblog during their Summer Symposium on Gill v. Whitford was reprinted on ACSblog.

“A constitutional standard for partisan gerrymandering is the holy grail of election law. For decades, scholars and jurists have struggled to find a manageable standard for claims of excessive partisanship in drawing district lines," Tokaji writes. "Most of these efforts have focused on the equal protection clause. But as Justice Anthony Kennedy suggested in Vieth v. Jubelirer, the First Amendment provides a firmer doctrinal basis for challenging partisan gerrymandering.”
 

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Info & Analysis

U.S. Supreme Court Grants Texas\' Request for Stay in Redistricting Case

In two 5-4 votes, the U.S. Supreme Court granted stays in a Texas redistricting case involving Congressional and state house questions, putting on hold the district court\'s orders for the Texas legislature to redraw certain district lines. The stays will be in place until the Supreme Court rules on Texas\' appeal, likely next year. The case is Perez v. Abbott.

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