United States Sixth Circuit

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 becomes vacant during a congressional term.

Appellate Information

• Decided 09/27/2004
• Published 09/27/2004

Judges

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

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Scott T. Greenwood (argued), Raymond Vasvari (briefed), American Civil Liberties Union, Cleveland, OH, for Plaintiff-Appellant., Keith A. Wilkowski (briefed), Vassar, Dills & Dawson, Toledo, Ohio, for Amicus Curiae.


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