Trump v. Biden
Petition for certiorari denied on February 22, 2021
Linked with:
Issue: (1) Whether it violates Article II of the Constitution, as well as the First and 14th Amendments, for state courts, on review of a post-election challenge to the specific ballots cast in a presidential election, to invoke the non-statutory, judge-made doctrine of laches to require the counting of ballots that the legislature has expressly directed "may not be counted;" (2) whether the Wisconsin Supreme Court violated Article II by upholding the counting of 50,125 absentee ballots cast in two counties pursuant to the decisions of election officials to ignore or circumvent state statutes requiring that absentee ballots be delivered only by mail or by hand delivery to the clerk, that photo ID be supplied to obtain an absentee ballot (with limited, inapplicable exceptions), and that absentee-ballot envelopes must contain all statutorily required information and may not be altered once delivered; and (3) whether this court should set aside the election result in Wisconsin, as not produced in the "Manner" directed by the legislature, and hence as "failed" within the meaning of 3 U.S.C. ยง 2, thus affording the Wisconsin Legislature explicit statutory authority to appoint presidential electors to represent Wisconsin.
SCOTUSblog Coverage
- Justices issue more orders from Fridays conference, decline to fast-track election-related cases (Amy Howe, January 11, 2021)
Date | Proceedings and Orders |
---|---|
12/29/2020 | Petition for a writ of certiorari filed. (Response due February 3, 2021) |
12/29/2020 | Motion to expedite consideration of the petition for a writ of certiorari filed by petitioners. |
01/04/2021 | Amicus brief of Todd C. Bank not accepted for filing. (Brief rejected and docket corrected January 19, 2021) |
01/11/2021 | Motion to expedite consideration filed by petitioners DENIED |
01/15/2021 | Waiver of right of respondents Ann S. Jacobs, et al. to respond filed. |
01/19/2021 | Amicus brief of Todd C. Bank not accepted for filing. (February 17, 2021) |
01/20/2021 | Waiver of right of respondents Dane County Clerk and Dane County Board of Canvassers to respond filed. |
01/21/2021 | Waiver of right of respondents Joseph R. Biden and Kamala D. Harris to respond filed. |
01/25/2021 | Waiver of right of respondents Milwaukee County Clerk, Milwaukee County Board of Canvassers to respond filed. |
01/27/2021 | DISTRIBUTED for Conference of 2/19/2021. |
02/17/2021 | Amicus brief of Todd C. Bank not accepted for filing. (February 18, 2021) |
02/18/2021 | Amicus brief of Todd C. Bank not accepted for filing. (March 10, 2021) |
02/22/2021 | Petition DENIED. |
03/15/2021 | Amicus brief of Todd C. Bank not accepted for filing. (March 25, 2021) |
03/26/2021 | Amicus brief of Todd C. Bank submitted. |