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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

LULAC v. Deininger

Case Information

Date Filed: February 23, 2012
State: Wisconsin
Issue: Voter ID
Current Court: U.S. District Court for the Eastern District of Wisconsin (Case 2:12-cv-00185)

Issue:

Whether Wisconsin's voter ID law violates the right to vote of African-Americans and Latinos.

Status:

Complaint filed 2/23/12. Motion for Preliminary Injunction filed 4/23/12. Trial Postponed until Spring 2013. Trial held in November 2013. Post hearing briefs due 12/20/13. Defendant Post-Trial brief filed 12/22/13. Plaintiff Post-Trial Brief filed 12/22/13. Decision and Order striking down voter ID law filed 4/29/14. Notice of Appeal 5/12/14. Defendants' Motion to Stay Permanent Injunction filed 5/12/14. Appellants' Brief filed 6/23/14. Order denying Motion to file Amicus Curiae filed 7/21/14. Frank Appellees' Brief filed 723/14. LULAC's Brief filed 7/23/14. 7th Circuit order granting stay filed 9/12/14. Emergency Petition for Rehearing filed 9/16/14. Appellant's Response to Petition for Rehearing filed 9/23/14. Order denying Motion for Rehearing filed 9/26/14. Opinions filed 9/30/14. Emergency Application to Vacate Stay filed in SCOTUS 10/2/14. Opinion reversing District Court filed 10/6/14. Memorandum in opposition to SCOTUS emergency application filed 10/6/14. Emergency Motion to Stay Seventh Circuit's Order filed 10/8/14. SCOTUS order granting application to vacate stay filed 10/9/14. 7th Circuit opinion on request to rehear en banc filed 10/10/14. Order granting Motion to Stay filed 10/15/14. Appellant's Bill of Costs filed 10/20/14. Notice from Supreme Court of filing of Petition for Writ of Cert filed 1/12/15.

For U.S. Supreme Court documents, see Frank v. Walker.

Appeal consolidated with Frank v. Walker for purposes of briefing and disposition. See Frank v. Walker for further court filings.

See related Wisconsin voter ID cases: Frank v. Walker, League of Women Voters of Wisconsin v. Walker, and Milwaukee Branch of the NAACP v. Walker

District Court Documents


Circuit Court of Appeals Documents

U.S. Supreme Court Documents

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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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