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Election Law @ Moritz

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Litigation

 

LaRoque v. Holder/Nix v. Holder

Case Information

Date Filed: April 7, 2010
State: National
Issue: Voting Rights Act
Courts that Heard this Case: U.S. District Court for the District of Columbia (Case 1:10-cv-00561); U.S. Court of Appeals for the D.C. Circuit (Case 11-5349); U.S. Supreme Court (Case 12-81)

Issue:

Whether Section 5 of the Voting Rights Act of 1964 exceeds Congress' authority under the Fifth, Fourteenth, and Fifteenth Amendments to the U.S. Constitution.

Status:

District Court opinion issued 12/22/11. Court of Appeals vacates opinion of District Court 5/18/12. Petition for certiorari filed 7/23/12. Brief for Respondents opposing certiorari filed 9/24/12.

Supreme Court Documents (Now known as Nix v. Holder)

Appellate Court Documents

District Court Documents

Related EL@M Articles

Commentary

Edward B. Foley

The Electoral Fix We Really Need

Edward B. Foley

The Electoral College winner should be the majority choice in each state that counts towards that Electoral College victory.

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In the News

Edward B. Foley

Anti-Trumpersí Most Futile Effort Yet to Stop Trump from Being Sworn In

Professor Edward Foley was quoted in Law Newz about efforts to persuade Chief Justice John Roberts to decline conducting Donald Trump’s Oath of Office on Inauguration Day. Even though the U.S. Constitution requires the President to take an oath of office, the the Chief Justice is not required to administer it. It is unlikely that such attempts will prevent Trump from being sworn in, Foley said.

“I think the main point is that the oath doesn’t need to be administered by the Chief Justice,” he said. “After Kennedy’s assassination, a federal district judge in Texas administered the oath to Johnson.”
 

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Info & Analysis

Federal District Court Panel Finds Unconstitutional Gerrymandering in Alabama

In an opinion released today, a three-judge panel of the U.S. District Court for the Middle District of Alabama found unconstitutional gerrymandering in 12 Alabama districts. In a separate concurring and dissenting opinion, one judge on the panel would have found more districts unconstitutionally drawn. The case is Alabama Democratic Conference v. Alabama.

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