AMERICAN CIVIL LIBERTIES UNION v. TAFT

No. 02-3924.

385 F.3d 641 (2004)

AMERICAN CIVIL LIBERTIES UNION OF OHIO, INC., Plaintiff-Appellant, v. Robert TAFT, Governor of Ohio, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 27, 2004.


Attorney(s) appearing for the Case

Scott T. Greenwood (argued), Raymond Vasvari (briefed), American Civil Liberties Union, Cleveland, OH, for Plaintiff-Appellant.

Arthur James Marziale, Jr. (argued and briefed), Elizabeth L. Schuster (briefed), Constitutional Offices Section, Columbus, OH, for Defendant-Appellee.

Keith A. Wilkowski (briefed), Vassar, Dills & Dawson, Toledo, Ohio, for Amicus Curiae.

Before: MARTIN, RYAN, and MOORE, Circuit Judges.


MOORE, J., delivered the opinion of the court, in which MARTIN, J., joined. 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...

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