Corman v. Pennsylvania Democratic Party

Petition for certiorari denied on February 22, 2021

Linked with:

Republican Party of Pennsylvania v. Degraffenreid

Docket No.	Argument	Opinion	Vote	Author	Term
20-574	N/A	N/A	N/A	N/A	OT 2020

Issue: (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 Fridays 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)

Date	Proceedings and Orders (key to color coding)
10/27/2020	Petition for a writ of certiorari filed. (Response due November 30, 2020)
11/04/2020	Motion for leave to intervene as a petitioner filed by Donald J. Trump for President, Inc. filed.
11/04/2020	Response to motion for leave to intervene requested, due Thursday, November 5, 2020, by 5 p.m.
11/04/2020	Waiver of right of respondent Union County Board of Elections to respond filed.
11/05/2020	Letter of November 5, 2020 from counsel for petitioners filed.
11/05/2020	Response to motion to intervene from respondents Secretary of State Kathy Boockvar, et al. filed.
11/05/2020	Response to motion from respondents Pennsylvania Democratic Party, et al. filed.
11/05/2020	Response to motion from respondent Luzerne County Board of Elections filed.
11/05/2020	Response to motion from petitioner Republican Party of Pennsylvania filed.
11/09/2020	Waiver 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 to respond filed.
11/09/2020	Brief amici curiae of States of Oklahoma, et al. filed. VIDED.
11/09/2020	Brief amicus curiae of State of Ohio filed. VIDED.
11/09/2020	Brief amici curiae of State of Missouri, et al. filed. VIDED.
11/09/2020	Waiver of right of respondents Clarion County Board of Elections/Tioga County Board of Elections to respond filed.
11/18/2020	Waiver of right of respondent Potter County Board of Elections to respond filed.
11/24/2020	Waiver of right of respondents Boards of Elections for Armstrong, Bedford, Blair, Centre, Columbia, Dauphin, Fayette, Huntingdon, Indiana, Lackawanna, Lawrence, Lebanon, Montour, Northumberland, Venango and York Counties to respond filed.
11/25/2020	Waiver of Boards of Elections for Armstrong, Bedford, Blair, Centre, Columbia, Dauphin, Fayette, Huntingdon, Indiana, Lackawanna, Lawrence, Lebanon, Montour, Northumberland, Venango and York Counties of right to respond not accepted for filing. (December 01, 2020)
11/30/2020	Brief of respondent Pennsylvania Democratic Party in opposition filed. VIDED.
11/30/2020	Brief of respondent Luzerne County Board of Elections in opposition filed. VIDED
11/30/2020	Motion to intervene as respondents filed by Thomas J. Randolph, et al. VIDED.
11/30/2020	Motion for leave to file amici brief filed by White House Watch Fund, et al.
11/30/2020	Brief of respondent Secretary of State Kathy Boockvar in opposition filed.
12/01/2020	Brief of Thomas J. Randolph and C.F. Canavan in opposition not accepted for filing. (December 03, 2020)
12/14/2020	Reply of petitioners Joseph B. Scarnati, III, et al. filed. (Distributed)
12/16/2020	DISTRIBUTED for Conference of 1/8/2021.
01/07/2021	Waiver of right of respondent Allegheny County Board of Elections to respond filed.
01/11/2021	DISTRIBUTED for Conference of 1/15/2021.
01/19/2021	DISTRIBUTED for Conference of 1/22/2021.
02/01/2021	Letter of January 26, 2021 regarding Rule 35.3 Notice received from the petitioners.
02/12/2021	DISTRIBUTED for Conference of 2/19/2021.
02/22/2021	Motion for leave to file amici brief filed by White House Watch Fund, et al. GRANTED.
02/22/2021	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)
02/22/2021	Motion of Thomas J. Randolph, et al. to intervene as respondents dismissed as moot.
02/22/2021	Motion of Donald J. Trump for President, Inc. for leave to intervene as petitioner dismissed as moot.