Legal Opinion
American Civil Liberties Union of Ohio, Inc. v. Robert Taft, Governor of Ohio
Court of Appeals for the Sixth Circuit
Decided September 27, 2004No. 02-3924PublishedCited by 56 opinions
1Opinion of the CourtMoore, J., joined by Martin, J.,
RYAN, J. (pp. 651-53), delivered a separate dissenting opinion.
OPINION
MOORE, Circuit Judge.
In this appeal, we conclude that Article I, section 2, clause 4 of the United States Constitution is mandatory, imposing upon a state executive the duty to issue a writ of election when one of her state’s seats in the United States House of Representatives (“House”) becomes vacant during a congressional term. Because Robert Taft, Governor of Ohio (“Governor Taft”), refused to issue a writ of election when one of Ohio’s seats in the House became vacant due to the expulsion of James A. Traficant, Jr.…
2Cases cited15 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
- Moore v. OgilvieSupreme Court of the United States · 1969
- Scottsdale Insurance Company v. Beverly Roumph, Individually and as Next Friend of Lavina Roumph Lavina RoumphCourt of Appeals for the Sixth Circuit · 2000
- 21 Employee Benefits Cas. 1341, Pens. Plan Guide (Cch) P 23937j Metropolitan Life Insurance Company v. Julie A. Marsh, Dana Lyn Weaver and James R. Marsh, IIICourt of Appeals for the Sixth Circuit · 1997
10 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Sensations, Inc. v. City of Grand RapidsCourt of Appeals for the Sixth Circuit · 2008
- Wuliger v. Manufacturers Life InsuranceCourt of Appeals for the Sixth Circuit · 2009
- Wilson v. MorganCourt of Appeals for the Sixth Circuit · 2007
- Greg Jolivette v. Jon HustedCourt of Appeals for the Sixth Circuit · 2012
- Daubenmire v. City of ColumbusCourt of Appeals for the Sixth Circuit · 2007
51 more not listed; retrieve them via the Exa API.