OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Shelby County, Alabama v. Lynch

Case Information

Date Filed: April 27, 2010
State: Alabama
Issue: Voting Rights Act
Current Court: U.S. Court of Appeals for the District of Columbia Circuit (Case 14-5138)

Issue:

Whether Sections 4(b) and 5 of the Voting Rights Act are unconstitutional.

Status:

Appellee Attorney General Holder brief filed 12/1/11.  Amicus Brief of New York Law School Racial Justice Project filed 12/7/11. Appellant Shelby County, Alabama filed 12/15/11. Court of Appeals Opinion and Order filed 5/18/12. Petition for certiorari filed 7/20/12. Brief for Respondents in Opposition to certiorari filed 9/24/12. Petition for Certiorari granted 11/9/12. Set for argument 2/27/13. Petitioner's Brief filed 12/26/12. Reply Brief for Petitioner filed 2/19/13. Supreme Court oral argument held 2/27/13. Opinion finding section 4 unconstitutional filed 6/25/13. Order denying Plaintiffs' Motion for Attorney's Fees filed 5/28/14. Notice of Appeal filed 6/3/14. Appellant's Brief filed 10/28/14. Appellee's Brief filed 12/12/14. Joint Appellee's Brief filed 12/22/14. Appellant Reply Brief filed 1/16/15. Oral argument heard on 4/10/15. Per Curiam Judgment 9/01/15. Opinion filed 9/01/15.  MANDATE of USCA ORDERED10/27/15.

Disclosure: EL@M Senior Fellow Daniel Tokaji is an amicus curiae supporting Respondents in this case. No EL@M member who participates in any lawsuit covered on the EL@M website is involved in generating the website's information or analysis on that lawsuit.

District Court Documents

 

Court of Appeals Documents

 

Supreme Court Documents

 

Commentary

Edward B. Foley

Publication of new BALLOT BATTLES book

Edward B. Foley

I'm delighted that Oxford University Press has published my new book Ballot Battles: The History of Disputed Elections in the United States. I've collected links to last week's blogging related to the book's release. 

more commentary...

In the News

Daniel P. Tokaji

What would it take to find out for sure if Ted Cruz (or others like him) is eligible for the presidency?

Professor Daniel P. Tokaji's research was quoted in a Washington Post article:

The most common route for aggrieved partisans, in this case opponents of Cruz, are the federal courts. But the courts are unlikely to go near the question just because someone brings a lawsuit. If some gadfly, for example, were to sue in federal court to keep Cruz off the ballot, the chances of any judge stepping in to settle the question is close to zero. 

There’s little dispute about that according to, among many others, Ohio State University law professor Daniel P. Tokaji, writing in the Michigan Law Review.

more EL@M in the news...

Info & Analysis

New state voting laws face first presidential election test

more info & analysis...