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Unlawful Bill of Attainder

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
September 11, 2023

Caudell v. City of Toccoa (William C. O’Kelley, N.D. Ga. 2:01-cv-105)
A federal complaint challenged a new state law forbidding members of a city commission from serving as a member of a hospital-authority board, which affected only the plaintiff. The district judge consolidated an injunction hearing with a trial on the merits and struck down the new law as an invalid bill of attainder that was also in conflict with other constitutional and statutory requirements.
Subject: Getting on the ballot. Topics: Getting on the ballot; equal protection; section 5 preclearance.

One of many Case Studies in Emergency Election Litigation.