Abstract

Professor Joshua A. Douglas and Professor Michael E. Solimine are election law experts who have a particular interest in the procedural aspects of election litigation. Professors Douglas and Solimine are filing this brief because they have a keen interest in ensuring that the federal courts employ the proper procedure in election law cases, as doing so helps to resolve these disputes in a manner that best comports with the unique aspects of the electoral system. This brief explains why district courts should not use the pleading standard from Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) and Ashcroft v. Iqbal, 556 U.S. 662 (2009), in making the threshold determination whether to refer a redistricting case to a three-judge district court. Relying on Professor Douglas’s and Professor Solimine’s experience and expertise in this area, it describes the history of the three-judge district court and explains the strong legal and policy reasons why Congress intended for three-judge district courts to resolve redistricting cases. The single district judge here improperly dismissed this case without referring it to a three-judge district court.

Document Type

Court Document

Publication Date

8-15-2015

Notes/Citation Information

Brief of Amici Curiae Professors Joshua A. Douglas and Michael E. Solimine, Election Law Scholars, in Support of Petitioners, Shapiro v. McManus, 136 S. Ct. 450 (2015) (No. 14-990).

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