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Bognet v. Boockvar

Petition for certiorari granted, judgment vacated and case remanded to the U.S. Court of Appeals for the 3rd Circuit with instructions to dismiss the case as moot, on April 19, 2021

Docket No. Op. Below Argument Opinion Vote Author Term
20-740 3rd Cir. N/A N/A N/A N/A OT 2020

Issue: (1) Whether the petitioners, four individual voters and one congressional candidate, have standing to raise their elections clause, electors clause and equal protection clause claims; (2) whether the Pennsylvania Supreme Court usurped the Pennsylvania General Assembly"s paramount authority from the Constitution to "direct [the] Manner" for appointing electors for president and vice president and to prescribe "[t]he Times, Places and Manner" for congressional elections; (3) whether the Pennsylvania Supreme Court"s extension violates the petitioners" right to have their votes counted without dilution and their right not to have their votes treated in an arbitrary and disparate manner under the equal protection clause; and (4) whether Purcell v. Gonzalez counsels against enjoining unconstitutional usurpations of authority to regulate federal elections by state courts and executive branch officials.

DateProceedings and Orders (key to color coding)
10/11/2020Waiver of right of respondents Clarion County Board of Elections and Tioga County Board of Elections to respond filed.
11/20/2020Petition for a writ of certiorari filed. (Response due December 28, 2020)
12/10/2020Waiver of right of respondents Carbon County Board of Elections, Monroe County Board of Elections, Pike County Board of Elections, Wayne County Board of Elections, Schuylkill County Board of Elections, Snyder County Board of Elections to respond filed.
12/11/2020Waiver of Union County Board of Elections of right to respond not accepted for filing. (December 15, 2020)
12/11/2020Waiver of right of respondent Susquehanna County Board of Elections to respond filed.
12/11/2020Waiver of right of respondent Lancaster County Board of Elections to respond filed.
12/11/2020Waiver of right of respondent Potter County Board of Elections to respond filed.
12/12/2020Waiver of right of respondent Berks County Board of Elections to respond filed.
12/14/2020Waiver of right of respondent Butler County Bureau of Elections to respond filed.
12/15/2020Waiver of right of respondents Armstrong County Board of Elections, et al. to respond filed.
12/16/2020Waiver of right of respondent Union County Board of Elections to respond filed.
12/17/2020Waiver of right of respondent Washington County Board of Elections to respond filed.
12/17/2020Waiver of right of respondent Jefferson County Board of Elections to respond filed.
12/17/2020Waiver of right of respondent Clearfield County Board of Elections to respond filed.
12/18/2020Waiver of right of respondents Sullivan and Wyoming County Boards of Elections to respond filed.
12/18/2020Waiver of right of respondent Northampton County Board of Elections to respond filed.
12/21/2020Waiver of right of respondent Kathy Boockvar, Secretary of the Commonwealth of Pennsylvania to respond filed.
12/21/2020Waiver of right of respondent Montgomery County Board of Elections to respond filed.
12/21/2020Waiver of right of respondent The Chester County Board of Elections to respond filed.
12/22/2020Waiver of right of respondent Luzerne County Board of Elections to respond filed.
12/22/2020Waiver of right of respondent Delaware County Board of Elections to respond filed.
12/23/2020Waiver of right of respondents Franklin County Board of Elections, Perry County Board of Elections to respond filed.
12/23/2020Waiver of right of respondent Westmoreland County Board of Election to respond filed.
12/23/2020Waiver of right of respondent Democratic National Committee to respond filed.
12/23/2020Waiver of right of respondent Allegheny County Board of Elections to respond filed.
12/30/2020DISTRIBUTED for Conference of 1/15/2021.
01/13/2021Response Requested. (Due February 12, 2021)
01/22/2021Motion of the Democratic National Commettee to extend the time to file a response from February 12, 2021 to March 15, 2021, submitted to The Clerk.
01/22/2021Motion of Kathy Boockvar, Sec. of PA to extend the time to file a response from February 12, 2021 to March 15, 2021, submitted to The Clerk.
01/25/2021The motion to extend the time to file a response are granted and the time is extended to and including March 15, 2021, for all respondents.
01/26/2021Brief of respondent Adams County Board of Elections in opposition filed.
02/10/2021Waiver of McKean County Board of Elections of right to respond not accepted for filing. (February 16, 2021)
02/17/2021Waiver of McKean County Board of Elections of right to respond not accepted for filing. (February 22, 2021)
03/15/2021Brief of respondent Luzerne County Board of Elections in opposition filed.
03/15/2021Brief of respondent Westmoreland County Board of Election in opposition filed.
03/15/2021Brief of respondent Northampton County Board of Elections in opposition filed.
03/15/2021Brief of respondent Veronica Degraffenreid, Acting Secretary of Pennsylvania in opposition filed.
03/15/2021Brief of respondent Democratic National Committee in opposition filed.
03/15/2021Brief of respondents Chester County Board of Elections, Delaware County Board of Elections, Montgomery County Board of Elections in opposition filed.
03/15/2021Brief of respondent Union County Board of Elections in opposition filed.
03/15/2021Brief of respondent Washington County Board of Elections in opposition filed.
03/15/2021Brief of respondents Allegheny County Board of Elections, Bucks County Board of Elections, Philadelphia County Board of Elections in opposition filed.
03/15/2021Brief of respondents Carbon County Board of Elections, Monroe County Board of Elections, Pike County Board of Elections, Wayne County Board of Elections, Schuylkill County Board of Elections, Snyder County Board of Elections in opposition filed.
03/15/2021Brief of respondent Armstrong County Board of Elections, et al. in opposition submitted.
03/15/2021Brief of respondent Franklin County Board of Elections, Perry County Board of Elections in opposition submitted.
03/23/2021Letter of March 15, 2021 from counsel for respondent Susquehanna County Board of Elections received.
03/29/2021Reply of petitioners Jim Bognet, et al. filed. (Distributed)
03/31/2021DISTRIBUTED for Conference of 4/16/2021.
04/19/2021Petition GRANTED. Judgment VACATED and case REMANDED with instructions to dismiss the case as moot. See United States v. Munsingwear, Inc., 340 U. S. 36 (1950).
05/21/2021JUDGMENT ISSUED.