| Subject: Re: Stewart v. Blackwell to en banc |
| From: Rick Hasen |
| Date: 7/21/2006, 3:35 PM |
| To: DANIEL TOKAJI |
| CC: "Smith, Brad" <BSmith@law.capital.edu>, election-law@majordomo.lls.edu |
[UPDATE: AP confirms that the Sixth Circuit has agreed to rehear Stewart v. Blackwell en banc.] This is the case where a Sixth Circuit panel held that the selective use of punch card voting in Ohio counties violates the equal protection clause under Bush v. Gore. The earlier panel opinion is here. My earlier coverage of the case is here. The majority and dissent spent a great deal of time arguing over one of my law review articles (here) on the precedential value of Bush v. Gore.
This is a case that could eventually prove to be very important for determining how much precedential value Bush v. Gore will have in challenging various election law processes that could violate equal protection guarantees.I've been on the road most of the day but got word from my co-counsel that an order granting rehearing en banc issued, as Brad notes, along with a briefing schedule. (I'm one of the attorneys for Plaintiffs-Appellants.) I'm told that Plaintiffs' brief is due net month, Defendants' answering briefs in September, and a reply some time after that -- which would mean that oral argument won't likely occur before October. I'd expect the order to appear on the Sixth Circuit's website by tomorrow.
Dan
----- Original Message ----- From: "Smith, Brad" <BSmith@law.capital.edu> Date: Friday, July 21, 2006 4:37 pm Subject: Stewart v. Blackwell to en banc > I am informed that the 6th Circuit has granted en banc review in
Daniel P. Tokaji
Assistant Professor of Law
The Ohio State University
Moritz College of Law
614.292.6566
http://moritzlaw.osu.edu/blogs/tokaji/
> Stewart v. Blackwell (punch card case).
>
> Brad Smith
> Professor of Law
> Capital University Law School
>
>
>
>
-- Rick Hasen William H. Hannon Distinguished Professor of Law Loyola Law School 919 South Albany Street Los Angeles, CA 90015-0019 (213)736-1466 - voice (213)380-3769 - fax rick.hasen@lls.edu http://www.lls.edu/academics/faculty/hasen.html http://electionlawblog.org