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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Davis v. Perry

Case Information

Date Filed: September 22, 2011
State: Texas
Issues: Redistricting, Vote Dillution
Courts that Heard this Case: United States Court for the Western District of Texas (Case 5:11-cv-00788); United States Supreme Court (Case No. 11A521 ); US Court of Appeals for the Fifth Circuit (Case 14-50042)

Issue:

Whether Texas' State Senate Redistricting Plan violates the Voting Rights Act.

Status:

District Court adopted interim redistricting plan on 11/26/11. U.S. Supreme Court stayed District Court order pending oral argument scheduled 1/9/12. Supreme Court opinion filed 1/20/12. District Court Order Entering a Redistricting Plan 3/1/12. Court Order Adopting interim plan for 2012 election entered 9/7/12. Final Judgment filed 9/4/13. Circuit Court Order Dismissing Appeal for Lack of Jurisdiction filed 1/16/14. Amended Notice of Appeal filed 1/31/14. Appellee's Brief filed 6/9/14. Appellant's Reply Brief filed 6/25/14. Oral Argument filed 10/27/14. Opinion and Judgment filed 3/17/14. Order denying petition for rehearing en banc filed 4/14/15. Mandate issued 4/22/15.

See also Perez v. Texas and Texas v. United States

 

Fifth Circuit Court of Appeals Documents (as to attorneys' fees)

District Court Documents

Supreme Court Documents


Commentary

Daniel P. Tokaji

Is Ted Cruz Eligible to Be President? Letís Find Out

Daniel P. Tokaji

Donald Trump has revived the question whether Senator Ted Cruz is ineligible to serve as President due to his birth in Canada. The issue cries out for judicial resolution, but there are constitutional and prudential obstacles to a federal court deciding it.  This comment argues that the most promising avenue  is a state court lawsuit challenging Senator Cruz’s eligibility and seeking his removal from the primary ballot. There’s at least one state – Pennsylvania – where the deadline for filing hasn’t yet expired, but if skeptics of Cruz’s eligibility want to sue there they must act quickly, no later than Tuesday. Litigating the case through state court would tee up the issue for Supreme Court review, which would be helpful in resolving the recurrent question of what it means to be a “natural born Citizen."

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In the News

Daniel P. Tokaji

An Obscure Ohio State Law Could Shake Up the Republican Convention

Professor Dan Tokaji was quoted in an ABC News article about the Republican Convention:

“It’s entirely imaginable that these kind of controversies will emerge if Donald Trump goes into Cleveland without 1,237,” said Dan Tokaji, an expert in election law at the Moritz College of Law at Ohio State University, referring the number of delegates needed to clinch the nomination. “There’s going to be a furious jockeying for these delegates.”

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Info & Analysis

District Court Upholds NC Voter ID Law

In a 485-page opinion released yesterday, U.S. District Judge Thomas Schroeder upheld North Carolina\'s voter ID law. A trial on the photo ID issue was held in January and February. The case is League of Women Voters of North Carolina v. Howard.

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