Subject: Re: Stewart v. Blackwell appeal
From: Rick Hasen
Date: 5/8/2006, 12:26 PM
To: "Smith, Brad" <BSmith@law.capital.edu>
CC: election-law <election-law@majordomo.lls.edu>

apparently--if there is not an error on the court's docketing system---there were three petitions for rehearing filed on Friday--all from Sec. Blackwell (see below).  Can someone explain this point of Sixth Circuit procedure? If anyone has electronic copies of the documents, send them to me and I'll post them when I return to LA.
Rick
US Court of Appeals for the Sixth Circuit
Case Summary 
 Court of Appeals Docket #: 05-3044                           Filed: 1/8/05
 Nsuit: 3441  Civil Rights: Voting
 Stewart, et al v. Blackwell
 Appeal from: Northern District of Ohio at Cleveland

 
 4/21/06          OPINION filed: the judgment of the district court with
                  regard to the plaintiffs' equal protection claim is
                  REVERSED and the case is REMANDED with instructions to
                  enter judgment in favor of the plaintiffs. It is further
                  ORDERED that the district court's decision with regard to
                  plaintiffs' Voting Rights Act claim is VACATED and the case
                  is REMANDED for processing consistent with the opinion of
                  this court, decision for publication pursuant to local rule
                  206 [05-3044]. Boyce F. Martin, Authoring Judge, R. G.
                  Cole, Circuit Judge joined, Ronald L. Gilman, Circuit Judge
                  delivered a separate dissenting opinion. (pje)
 
 4/21/06          JUDGMENT: REVERSED and remanded, VACATED and remanded (pje)
 
 5/5/06           PETITION for en banc rehearing filed by Victor T. Whisman,
                  David Todd Stevenson, and Anita L. Davis for Appellee J.
                  Kenneth Blackwell. Certificate of service date 5/5/06 .
                  [05-3044] (blh)
 
 5/5/06           ADDITIONAL PETITION for en banc rehearing filed by Jeffrey
                  A. Stankunas for Appellee J. Kenneth Blackwell. Certificate
                  of service date 5/5/06. [05-3044] (blh)
 
 5/5/06           ADDITIONAL PETITION for en banc rehearing filed by Richard
                  N. Coglianese for Appellee J. Kenneth Blackwell.
                  Certificate of service date 5/5/06. [05-3044] (blh)




Smith, Brad wrote:

The state of Ohio filed a petition for rehearing and rehearing en banc in Stewart v. Blackwell on Friday.  This is the case alleging voting rights and equal protection violations stemming from Ohio’s use of differing voting systems, in which the panel majority and minority engaged in hot debate over Rick Hasen’s scholarship.   Lister Dan Tokaji of OSU Moritz School of Law has been representing plaintiffs; my former student, Principal Attorney General Rich Coglianese, is counsel of record for the State of Ohio.

 

Bradley A. Smith

Professor of Law

Capital University Law School

Columbus, Ohio

 


-- 
Rick Hasen 
William H. Hannon Distinguished Professor of Law
Loyola Law School 
919 Albany Street 
Los Angeles, CA  90015-1211 
(213)736-1466 - voice 
(213)380-3769 - fax 
rick.hasen@lls.edu 
http://www.lls.edu/academics/faculty/hasen.html 
http://electionlawblog.org