Republican Party of Pennsylvania v. Degraffenreid
Petition for certiorari denied on February 22, 2021Linked with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 20-542 | Pa. | N/A | N/A | N/A | N/A | OT 2020 |
Issues: (1) Whether the Pennsylvania Supreme Court usurped the Pennsylvania General Assembly’s plenary authority to “direct [the] Manner” for appointing electors for president and vice president under Article II of the Constitution, as well as the assembly’s broad power to prescribe “[t]he Times, Places, and Manner” for congressional elections under Article I, when the court issued a ruling requiring the state to count absentee ballots that arrive up to three days after Election Day as long as they are not clearly postmarked after Election Day; and (2) whether that decision is preempted by federal statutes that establish a uniform nationwide federal Election Day.
SCOTUSblog Coverage
- Justices add new cases, turn down Pennsylvania election disputes (Amy Howe, February 22, 2021)
- Disputes over church property and ACCA ambiguity (John Elwood, February 18, 2021)
- Last batch of possible grants before February recess (John Elwood, January 21, 2021)
- Blockbuster Watch (John Elwood, January 13, 2021)
- Justices issue more orders from Friday’s conference, decline to fast-track election-related cases (Amy Howe, January 11, 2021)
- The dilemma of the Pennsylvania injunction request (Tom Goldstein, November 7, 2020)
- Pennsylvania Republicans seek Supreme Court order to keep later-arriving ballots separate and uncounted (updated) (Amy Howe, November 6, 2020)
- Pennsylvania election officials and Democrats respond to Trump campaign’s plea to join Supreme Court proceedings on ballot deadline (Amy Howe, November 5, 2020)
- Trump campaign asks to enter Pennsylvania mail-in ballot challenge (Amy Howe, November 4, 2020)
- Court will not weigh in on Pennsylvania’s mail-in ballot deadline before election (Amy Howe, October 28, 2020)
- Pennsylvania Republicans return to Supreme Court to challenge extended deadline for mail-in ballots (Amy Howe, October 24, 2020)
- Supreme Court leaves in place order requiring Pennsylvania to count absentee ballots after Election Day (Amy Howe, October 19, 2020)
- Pennsylvania GOP leaders ask justices to block order on counting absentee ballots after Election Day (updated) (Amy Howe, September 28, 2020)
| Date | Proceedings and Orders |
|---|---|
| Sep 28 2020 | Application (20A53) for a stay, submitted to Justice Alito. |
| Sep 29 2020 | Response to application (20A53) requested by Justice Alito, due Monday, October 5, by 3 p.m. |
| Sep 30 2020 | Motion for leave to file amicus brief and motion for leave to file brief in compliance with Rule 33.2 filed by Bryan Cutler, et al. |
| Oct 02 2020 | Motion for leave to file amici brief filed by Tom Ridge, et al. |
| Oct 05 2020 | Response to application from respondents Kathy Boockvar, et al. filed. |
| Oct 05 2020 | Response to application from respondent Luzerne County Election Board filed. |
| Oct 05 2020 | Response to application from respondents Pennsylvania Democratic Party, et al. filed. |
| Oct 05 2020 | Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Oklahoma, et al. |
| Oct 05 2020 | Motion for leave to file amicus brief filed by Eagle Forum Education & Legal Defense Fund. |
| Oct 05 2020 | Motion for leave to file amicus brief filed by Christian Family Coalition Florida, Inc. |
| Oct 06 2020 | Reply of applicants Joseph B. Scarnati III, et al. filed. |
| Oct 19 2020 | Application (20A53) referred to the Court. |
| Oct 19 2020 | Application (20A53) denied by the Court. Justice Thomas, Justice Alito, Justice Gorsuch, and Justice Kavanaugh would grant the application. |
| Oct 23 2020 | Petition for a writ of certiorari filed. (Response due November 25, 2020) |
| Oct 23 2020 | Motion to expedite consideration of the petition for a writ of certiorari filed by petitioner. |
| Oct 25 2020 | Response to motion from respondent Pennsylvania Democratic Party filed. |
| Oct 26 2020 | Motion for leave to file amicus brief filed by Honest Elections Project. |
| Oct 26 2020 | Response to motion from respondent Kathy Boockvar filed. |
| Oct 27 2020 | Motion to recuse from respondent Luzerne County Board of Elections not accepted for filing. (October 29, 2020 - See Notice of Withdrawal of Motion to Recuse submitted October 29, 2020) |
| Oct 27 2020 | Reply in Support of Motion to Expedite Consideration filed. |
| Oct 28 2020 | Motion to expedite consideration of the petition for a writ of certiorari DENIED. Justice Barrett took no part in the consideration or decision of this motion. Statement of Justice Alito, with whom Justice Thomas and Justice Gorsuch join. (Detached Opinion) |
| Oct 28 2020 | Letter of October 28, 2020 from counsel for respondent Kathy Boockvar, Secretary of State of Pennsylvania filed. |
| Oct 29 2020 | Notice of withdrawal of motion to recuse from counsel for respondent Luzerne County Board of Elections submitted. (Received November 2, 2020) |
| Nov 04 2020 | Motion for leave to intervene as a petitioner filed by Donald J. Trump for President, Inc. filed. |
| Nov 04 2020 | Response to motion for leave to intervene requested, due Thursday, November 5, 2020, by 5 p.m. |
| Nov 05 2020 | Response to motion from petitioner Republican Party of Pennsylvania filed. |
| Nov 05 2020 | Response to motion from respondent Kathy Boockvar filed. |
| Nov 05 2020 | Response to motion from respondent Pennsylvania Democratic Party filed. |
| Nov 05 2020 | Response to motion from respondent Luzerne County Board of Elections filed. |
| Nov 06 2020 | Application (20A84) for injunctive relief pending the disposition of the petition for certiorari, submitted to Justice Alito. |
| Nov 06 2020 | Reply in Support of Motion for Leave to Intervene as a Petitioner filed. |
| Nov 06 2020 | Order issued by Justice Alito: All county boards of election are hereby ordered, pending further order of the Court, to comply with the following guidance provided by the Secretary of the Commonwealth on October 28 and November 1, namely, (1) that all ballots received by mail after 8:00 p.m. on November 3 be segregated and kept “in a secure, safe and sealed container separate from other voted ballots,” and (2) that all such ballots, if counted, be counted separately. Pa. Dep’t of State, Pennsylvania Guidance for Mail-in and Absentee Ballots Received From the United States Postal Service After 8:00 p.m. on Tuesday, November 3, 2020 (Oct. 28, 2020); Pa. Dep’t of State, Canvassing Segregated Mail-in and Civilian Absentee Ballots Received by Mail After 8:00 p.m. on Tuesday, November 3, 2020 and Before 5:00 p.m. on Friday, November 6, 2020 (Nov. 1, 2020). Until today, this Court was not informed that the guidance issued on October 28, which had an important bearing on the question whether to order special treatment of the ballots in question, had been modified. The application received today also informs the Court that neither the applicant nor the Secretary has been able to verify that all boards are complying with the Secretary’s guidance, which, it is alleged, is not legally binding on them. I am immediately referring this application to the Conference and direct that any response be filed as soon as possible but in any event no later than 2 p.m. tomorrow, November 7, 2020. |
| Nov 06 2020 | Response to application from respondent Pennsylvania Democratic Party filed. |
| Nov 07 2020 | Response to application from respondent Kathy Boockvar, Secretary of Pennsylvania filed. |
| Nov 07 2020 | Response to application from respondent Luzerne County Board of Elections filed. |
| Nov 08 2020 | Letter of respondent Kathy Boockvar, Secretary of Pennsylvania filed. |
| Nov 09 2020 | Reply of applicant Republican Party of Pennsylvania filed. |
| Nov 09 2020 | Brief amicus curiae of State of Ohio filed. VIDED. |
| Nov 09 2020 | Brief amici curiae of States of Oklahoma, et al. filed. VIDED. |
| Nov 09 2020 | Brief amici curiae of State of Missouri, et al. filed. VIDED. |
| Nov 13 2020 | Motion for leave to file amicus brief filed by Eagle Forum Education & Legal Defense Fund. |
| Nov 23 2020 | Motion to extend the time to file a response from November 25, 2020 to November 30, 2020, submitted to The Clerk. |
| Nov 24 2020 | Motion to extend the time to file a response is granted and the time is extended to and including November 30, 2020, for all respondents. |
| Nov 25 2020 | Brief amici curiae of Citizens United, Citizens United Foundation, and The Presidential Coalition, LLC filed. |
| Nov 30 2020 | Waiver of right of respondents Various Respondents to respond filed. |
| Nov 30 2020 | Motion to intervene as respondents filed by Thomas J. Randolph, et al. VIDED. |
| Nov 30 2020 | Brief of respondent Pennsylvania Democratic Party in opposition filed. VIDED. |
| Nov 30 2020 | Brief of respondent Luzerne County Board of Elections in opposition filed. VIDED. |
| Nov 30 2020 | Brief of respondent Kathy Boockvar in opposition filed. |
| Dec 01 2020 | Brief of Thomas J. Randolph and C.F. Canavan in opposition not accepted for filing. (December 03, 2020) |
| Dec 15 2020 | Reply of petitioner Republican Party of Pennsylvania filed. (Distributed) |
| Dec 16 2020 | DISTRIBUTED for Conference of 1/8/2021. |
| Jan 11 2021 | DISTRIBUTED for Conference of 1/15/2021. |
| Jan 19 2021 | DISTRIBUTED for Conference of 1/22/2021. |
| Feb 12 2021 | DISTRIBUTED for Conference of 2/19/2021. |
| Feb 22 2021 | Motion for leave to file amicus brief filed by Honest Elections Project GRANTED. |
| Feb 22 2021 | Petition DENIED. Justice Thomas, dissenting from the denial of certiorari. (Detached Opinion) Justice Alito, with whom Justice Gorsuch joins, dissenting from the denial of certiorari. (Detached Opinion) |
| Feb 22 2021 | Motion of Donald J. Trump for President, Inc. for leave to intervene as petitioner dismissed as moot. |
| Feb 22 2021 | Motion of Thomas J. Randolph, et al. to intervene as respondents dismissed as moot. |
