News & Analysis as of

Legislature to Litigants: “Can’t Touch This!” – Virginia Supreme Court Recognizes Legislative Privilege

The Virginia Supreme Court, interpreting the Virginia Constitution’s speech and debate clauses, has recognized a legislative privilege from responding to a document subpoena substantially similar to that of the better-known...more

The Supreme Court - June 2016

The Supreme Court of the United States issued decisions in two cases on June 6, 2016: Simmons v. Himmelreich, No. 15-109: Respondent Walter Himmelreich, an inmate at a federal prison, brought two suits against prison...more

Supreme Court Decides Wittman v. Personhuballah

On May 23, 2016, the U.S. Supreme Court decided Wittman v. Personhuballah, No. 14-1504, holding that Members of Congress from Virginia did not have standing to challenge a district court’s order finding a redistricting plan...more

Supreme Court Update: Harris V. Arizona Independent Redistricting Commission (14-232), Franchise Tax Board Of California V. Hyatt)...

With roughly two months left in the term, the Supremes have kicked opinion production into high gear, issuing five decisions this past week. While many of us at Update were doing the Batdance, and pondering what it looks like...more

North Carolina 2016 Pre-Session Legislative Update

Gaveling in the 2016 Session - Lawmakers will return to Raleigh next week for the 2016 short session of the North Carolina General Assembly, which will gavel in at 7:00 PM on Monday, April 25th. Following a nine-month...more

Redrawing of Arizona Legislative Districts Upheld by U.S. Supreme Court

The U.S. Supreme Court, in an opinion written by Justice Breyer, has unanimously upheld the Arizona Independent Redistricting Commission's plan to redraw Arizona's legislative districts. Lawyers from Ballard Spahr's Political...more

Supreme Court Decides Harris v. Arizona Independent Redistricting Commission

On April 20, 2016, the Supreme Court decided Harris v. Arizona Independent Redistricting Commission, No. 14-232, holding that a redistricting plan is not unconstitutional where the maximum population deviation between the...more

U.S. Supreme Court Holds States and Localities May Continue to Draw Voting Districts Based on Total Population

Total population, however, may not be the only standard upon which voting areas can be based - This week, the U.S. Supreme Court issued an important decision in Evenwel v. Abbott clarifying that state and local...more

The Supreme Court - April 2016

The Supreme Court of the United States issued decisions in two cases on April 4, 2016: - Evenwel v. Abbott, No. 14-940: In this legislative redistricting case, certain voters brought a challenge to the redistricting in...more

Supreme Court Decides Evenwel v. Abbott

On April 4, 2016, the United States Supreme Court decided Evenwel v. Abbott, No. 14-940, holding that a state may draw legislative districts based on total population. In 2013, Texas adopted a new map for state Senate...more

North Carolina Legislative Report

The General Assembly convened for the 2015 legislative long session on January 14 and adjourned September 30. Lawmakers will return to Raleigh for the short session April 25, 2016. The MVA Public Affairs Legislative Report on...more

Re-Districting After Shelby County v. Alabama: a Volatile Mix of Race and Politics

In 2012, following the 2010 decennial census, Virginia re-drew the boundaries of its Congressional Districts. In 2013, plaintiffs brought a Voting Rights Act challenge to that re-districting. They alleged that the...more

Supreme Court Update: Shapiro V. McManus (14-990) And Order List

While most of the Courtward attention this week was focused on oral arguments in Evenwel v. Abbott (14-940) and Fisher v. UT Austin (14-981), concerning "one person one vote" and affirmative action in college admissions,...more

What does “One Person, One Vote” Mean?

This week, the U.S. Supreme Court heard arguments in an important case dealing with the long-recognized “one person, one vote” standard — historically, the fundamental principle when drawing election maps. Any dilution of the...more

Supreme Court Decides Shapiro v. McManus

On December 8, 2015, the Supreme Court of the United States decided Shapiro v. McManus, No. 14-990, holding that a three-judge district court must be convened to decide a First Amendment challenge to Maryland's 2011 redrawing...more

Florida’s Highest Court Refuses Webster’s Request for “Seat at the Table”

Yesterday, the Supreme Court of Florida entered an order denying U.S. Senator, Daniel Webster’s request to intervene in the widely-reported Florida redistricting case, League of Women Voters of Florida, Inc., et al. v....more

First, Arizona Legislature v. AIRC, Now the ACA Subsidies: Standing for Political Institutions

Citing what some might call a quirk of the U.S. Supreme Court’s (SCOTUS) recent opinion in Arizona Legislature v. Arizona Independent Redistricting Commission (AIRC), U.S. District Court Judge for the District of Columbia...more

Judge Moon and Civil Rights Lawsuits Against Bedford County Public Schools

Judge Moon has ruled on two cases in the past month involving constitutional civil rights issues and public schools. In L.E.A. v. Bedford County School Board, Judge Moon denied a preliminary injunction prohibiting the...more

Supreme Court Update: Glossip V. Gross (15-7955) And Order List

We're back with our final Update of OT14, covering Glossip v. Gross (15-7955), a doubly divisive death-penalty case, and providing a roundup of the Court's orders over the last few weeks. (Did you think we'd forgotten about...more

July 2, 2015 Womble Legislative Update

Premature Fireworks on Jones Street - We know it’s only July 2nd, but thanks to the fight over Greensboro City Council Redistricting we have fireworks! On the eve of the Legislative Summer Recess a carefully crafted...more

Supreme Court Update: Michigan V. EPA (14-47) And Arizona State Legislature V. Arizona Independent Redistricting Comm'n (13-1314)

The last day of school is always anticlimactic, with finals done and yearbooks already signed. That may have described the atmosphere on First Street yesterday, but make no mistake: The Court ended October Term 2014 term with...more

Supreme Court Decides Arizona State Legislature v. Arizona Independent Redistricting Commission

On June 29, 2015, the U.S. Supreme Court decided Arizona State Legislature v. Arizona Independent Redistrict Commission, No. 13-1314, holding that a State legislature has standing to challenge a State constitutional amendment...more

Supreme Court Upholds Authority of Redistricting Commissions

This morning in Arizona State Legislature v. Arizona Independent Redistricting Commission, the U.S. Supreme Court rejected a constitutional challenge to the Arizona Independent Redistricting Commission (“IRC”). The U.S....more

NC Legislative Update for April 2015 #3

This Week - The legislature wrapped up a whirlwind week ahead of next Thursday’s April 30th “Crossover” deadline. Crossover is the date by which a bill must pass out of its originating chamber in order to remain eligible...more

NC Politics in the News

Members of the North Carolina General Assembly had a full schedule last week, considering bills on everything from repealing the state’s cumbersome Map Act to voiding a law which required teachers to write Personal Education...more

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