Law Commons^™

An Alternative To The Independent State Legislature Doctrine, Ledewitz Bruce

Duquesne Law Review

One of the most momentous actions taken by the United States Supreme Court in the last term was not deciding a case but granting review at the end of the term in Moore v. Harper, the North Carolina congressional redistricting case.¹ This is the case in which the Supreme Court appears likely to adopt some version of the Independent State Legislature Doctrine (Doctrine). In this essay, I will describe the actual case and the Doctrine. But I will also be offering an alternative to the Doctrine, one that I believe achieves some of the goals that the Justices …

Mail-In Voting And The Pennsylvania Constitution, Stephen E. Friedman

Duquesne Law Review

Pennsylvania was at the center of many of the disputes that arose after the hotly contested 2020 presidential election. One of the most significant challenges was a claim that Pennsylvania's newly enacted mail-in voting law violated the state's constitution. Plaintiffs in one lawsuit asked that all mail-in ballots be discarded, which would have shifted Pennsylvania's electoral votes to Donald Trump. When this lawsuit failed, challengers unsuccessfully objected to Congress counting Pennsylvania's electoral votes. A core argument both in court and in Congress was that the Pennsylvania Constitution requires in-person voting except where it specifically provides otherwise. The claim is supported …

Justice Hasted Is Justice Wasted: League Of Women Voters V. Commonwealth, Carrie R. Garrison

Duquesne Law Review

No abstract provided.

Constitutional Law - Civil Rights Action - Federal Court Review Of State Statutes - Abstention, David C. Levenreich

Duquesne Law Review

The United States Supreme Court has held that federal courts must abstain from intervention into pending state proceedings under the Younger doctrine when the federal plaintiff has an available state court opportunity to raise his federal constitutional claim.

Moore v. Sims, 99 S. Ct. 2371 (1979)

The Law Of Annexation And Metropolitan Government In Pittsburgh, David C. Harrison

Duquesne Law Review

No abstract provided.