Chiafalo v. Washington
Linked with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 19-465 | Wash. | May 13, 2020 | Jul 6, 2020 | 9-0 | Kagan | OT 2019 |
Holding: A state may enforce an elector’s pledge to support their party’s nominee – and the state voters’ choice – for president in the Electoral College.
Judgment: Affirmed, 9-0, in an opinion by Justice Kagan on July 6, 2020. Justice Thomas filed an opinion concurring in the judgment, in which Justice Gorsuch joined as to part II.
SCOTUSblog Coverage
- The Supreme Court, faithless electors, and Trump’s final, futile fight (Tom Goldstein, November 28, 2020)
- Invisible majorities: Counting to nine votes in per curiam cases (Josh Blackman, July 23, 2020)
- Opinion analysis: Court upholds “faithless elector” laws (Amy Howe, July 6, 2020)
- Live blog of opinions (Update: Completed) (Kalvis Golde, July 6, 2020)
- Educational seminar: Debrief of faithless elector cases (Katie Bart, May 15, 2020)
- Argument analysis: In a close case, concerns about chaos from “faithless electors” (Amy Howe, May 13, 2020)
- Educational seminar: Preview of faithless elector cases (Katie Bart, May 11, 2020)
- Argument preview: Justices to weigh constitutionality of “faithless elector” laws (Amy Howe, May 5, 2020)
- Symposium: To bind or not to bind: The state perspective on state authority over Electoral College balloting (Paul Swedlund, April 24, 2020)
- Symposium: Liquidating elector discretion (Rebecca Green, April 24, 2020)
- Symposium: Unbinding presidential electors could throw the 2020 election into chaos (Paul Smith and Adav Noti, April 23, 2020)
- Symposium: Why the Constitution mandates that presidential electors exercise best judgment (Rob Natelson, April 23, 2020)
- Symposium: Leave courts out of presidential elector dispute (Derek Muller, April 22, 2020)
- Symposium: Constitutional doctrine and political reality in the faithless elector cases (David Post, April 22, 2020)
- Introduction: Justices to weigh constitutionality of “faithless elector” laws (Amy Howe, April 21, 2020)
- Court sets cases for May telephone arguments, will make live audio available (Amy Howe, April 13, 2020)
- Court releases April calendar (Amy Howe, February 21, 2020)
- 2020 Supreme Court Preview presented by Casetext (part two) (SCOTUStalk, February 21, 2020)
- Justices add three new hours of argument to calendar (Amy Howe, January 17, 2020)
- Relist Watch (John Elwood, January 14, 2020)
| Date | Proceedings and Orders |
|---|---|
| Aug 02 2019 | Application (19A138) to extend the time to file a petition for a writ of certiorari from August 21, 2019 to October 20, 2019, submitted to Justice Kagan. |
| Aug 05 2019 | Application (19A138) granted by Justice Kagan extending the time to file until October 20, 2019. |
| Oct 07 2019 | Petition for a writ of certiorari filed. (Response due November 8, 2019) |
| Oct 15 2019 | Blanket Consent filed by Petitioners, Peter Bret Chiafalo, et al. |
| Nov 06 2019 | Amicus brief of Michael L. Rosin & David G. Post not accepted for filing. (November 06, 2019) (Corrected efiling submitted) |
| Nov 06 2019 | Brief amici curiae of Michael L. Rosin & David G. Post filed. |
| Nov 08 2019 | Brief of respondent Washington in opposition filed. |
| Nov 08 2019 | Brief of respondent Washington in opposition filed. (February 10, 2020 - PDF with appendix provided) |
| Nov 08 2019 | Brief amicus curiae of Vinz Koller filed. |
| Nov 22 2019 | Reply of petitioners Peter Bret Chiafalo, et al. filed. |
| Nov 26 2019 | DISTRIBUTED for Conference of 12/13/2019. |
| Dec 05 2019 | Rescheduled. |
| Dec 11 2019 | DISTRIBUTED for Conference of 1/10/2020. |
| Jan 13 2020 | DISTRIBUTED for Conference of 1/17/2020. |
| Jan 17 2020 | Petition GRANTED. The petition for a writ of certiorari in No. 19-518 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED. |
| Jan 17 2020 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-465. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-465. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.” |
| Jan 27 2020 | Petitioners in No. 19-465 and respondents in No. 19-518 shall file opening and reply briefs on the merits under the schedule set forth in Rules 25.1 and 25.3. Respondent in No. 19-465 and petitioner in No. 19-518 shall file response briefs on the merits under the schedule set forth in Rule 25.2. |
| Jan 27 2020 | Blanket Consent filed by Peter Bret Chiafalo, et al., and Micheal Baca, et al. VIDED. |
| Feb 11 2020 | Blanket Consent filed by Colorado Department of State. VIDED. |
| Feb 11 2020 | Application (19A894) of Presidential Electors to file a consolidated opening brief on the merits in excess of the word limit, submitted to Justice Sotomayor. VIDED. |
| Feb 11 2020 | Blanket Consent filed by Washington. VIDED. |
| Feb 14 2020 | Application (19A894) of Presidential Electors to file a consolidated opening brief on the merits in excess of the word limit is granted by Justice Sotomayor provided that the brief does not exceed 16,000 words. |
| Feb 18 2020 | Motion of Colorado Department of State for an extension of time to file the joint appendix filed (in 19-518). |
| Feb 20 2020 | Motion of Colorado Department of State to extend the time to file the joint appendix as to No. 19-518 is granted and the time is extended to and including April 1, 2020. |
| Feb 20 2020 | Motion to dispense with printing the joint appendix filed (in 19-465). |
| Feb 21 2020 | SET FOR ARGUMENT on Tuesday, April 28, 2020 (amended March 10, 2020). |
| Feb 26 2020 | Record requested from the Supreme Court of Washington. |
| Mar 02 2020 | Motion to dispense with printing the joint appendix in No. 19-465 GRANTED. |
| Mar 02 2020 | Brief of Presidential Electors filed. VIDED. |
| Mar 03 2020 | The record received from the Supreme Court of Washington has been electronically filed. |
| Mar 05 2020 | Brief amicus curiae of Citizens for Self-Governance filed. VIDED. |
| Mar 06 2020 | Brief amicus curiae of Professor Derek T. Muller in support of neither party filed. VIDED. |
| Mar 06 2020 | Brief amici curiae of Michael L. Rosin, et al. filed. VIDED. |
| Mar 06 2020 | Brief amicus curiae of Independence Institute filed. VIDED |
| Mar 09 2020 | Brief amicus curiae of Professor Edward B. Foley in support of neither party filed. VIDED |
| Mar 09 2020 | Brief amicus curiae of Jerry H. Goldfeder filed. VIDED. |
| Mar 09 2020 | Brief amicus curiae of Making Every Vote Count Foundation in support of neither party filed. VIDED. |
| Mar 09 2020 | Brief amicus curiae of Vinz Koller filed. VIDED. |
| Mar 09 2020 | Brief amicus curiae of Professor Michael T. Morley in support of neither party filed. VIDED. |
| Mar 10 2020 | This case is no longer consolidated with No. 19-518, CO Dept. of State v. Baca, and one hour is allotted for oral argument in this case. |
| Mar 10 2020 | Letter from Clerk of Court to counsel of record noting that Justice Sotomayor will not continue to participate in No. 19-518. |
| Mar 19 2020 | CIRCULATED |
| Apr 01 2020 | Brief of respondent Washington filed. (Distributed) |
| Apr 03 2020 | ORAL ARGUMENT POSTPONED. |
| Apr 07 2020 | Brief amicus curiae of Public Citizen, Inc. filed. (Distributed) |
| Apr 08 2020 | Brief amici curiae of South Dakota and 44 States and the District of Columbia filed. VIDED. (Distributed) |
| Apr 08 2020 | Brief amici curiae of Campaign Legal Center and Issue One filed. VIDED. (Distributed) |
| Apr 08 2020 | Brief amicus curiae and appendix of Professor Robert W. Bennett filed. VIDED. (Distributed) |
| Apr 08 2020 | Brief amicus curiae of The Republican National Committee filed. VIDED. (Distributed) |
| Apr 13 2020 | Argument to be rescheduled for May 2020. |
| Apr 15 2020 | RESCHEDULED FOR ARGUMENT on Wednesday, May 13, 2020. |
| May 01 2020 | Reply of Presidential Electors filed. (Distributed) |
| May 12 2020 | Letter from counsel for petitioner filed. (Distributed) |
| May 13 2020 | Argued. For petitioners: L. Lawrence Lessig, Cambridge, Mass. For respondent: Noah Purcell, Solicitor General, Olympia, Wash. |
| Jul 06 2020 | Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Alito, Sotomayor, Gorsuch, and Kavanaugh, JJ., joined. Thomas, J. filed an opinion concurring in the judgment, in which Gorsuch, J., joined as to Part II. |
| Aug 07 2020 | MANDATE ISSUED. |
| Aug 07 2020 | JUDGMENT ISSUED. |
