Does the National Voter Registration Act preempt state law to the level that lower courts should afford Congress greater deference under the Elections Clause?
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FactsArizona voters passed a state initiative, Proposition 200, on...
federalism
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Oral argument: Dec. 2, 2009
Appealed from: Florida Supreme Court (Sept. 29, 2008)
TAKINGS CLAUSE, JUDICIAL TAKINGS, ACCRETION, COASTAL PROPERTY, FEDERALISMIn order to combat beach erosion, the Florida Legislature passed the Beach and Shore...
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In 2011, John Sturgeon was moose hunting in Alaska when the National Park Service (“NPS”) informed him that he could not use his hovercraft on the Nation River within the Yukon-Charley preservation. Sturgeon v. Masica, No. 3:11-cv-0183-HRH, 2013 WL...
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On March 18, 1938, Texas, New Mexico, and Colorado signed the Rio Grande Compact (the “Compact”). Complaint at 2, Texas v. New Mexico and Colorado, (2013). The Compact resulted from a period of controversy among the states, in the early twentieth...
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This consolidated action addresses whether the U.S. Constitution grants Congress the authority to enact 18 U.S.C. § 4248. See U.S. v. Comstock, 551 F.3d 274, 275–76 (4th Cir. 2009). Congress enacted § 4248 as part of the Adam Walsh Child Protection and...
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The Virginia Office for Protection and Advocacy ("VOPA") is an independent state agency that advocates for individuals with mental illnesses and developmental disabilities. See Virginia v. Reinhard, 568 F.3d 110, 113 (4th Cir. 2009). VOPA receives...
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In 2003, police in Virginia were discussing over the radio that someone nicknamed "Chubs" (David Lee Moore) was driving in the area. Moore v. Commonwealth, 622 S.E.2d 253, 255 (Va. Ct. App. 2005), rev'd, 636 S.E.2d 395 ( Va. 2006), cert. granted, 128 S...
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The following facts are taken from the Ninth Circuit’s opinion, 460 F.3d 1108 (9th Cir. 2006): the state of Washington employed a “blanket primary” system from 1935 until 2003. Blanket systems allow all voters, regardless of party affiliation, to vote...
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Petitioner Bruce Weyhrauch (“Weyhrauch”) is a former member of the Alaska House of Representatives. See United States v. Weyhrauch, 548 F.3d 1237, 1239 (9th Cir. 2008). In 2006, while Weyhrauch was still a state representative, the House dealt with...
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In 1997, Petitioner Marion Wilson was charged with and convicted of murder, armed robbery, hijacking a motor vehicle, and several other violent crimes. Wilson v. Warden, 774 F.3d 671, 674 (11th Cir. 2014), reh’g en back granted, op. vacated, No. 14-...