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Republican Party of Pennsylvania v. Degraffenreid

Petition for certiorari denied on February 22, 2021

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Docket No. Argument Opinion Vote Author Term
20-542 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

DateProceedings and Orders (key to color coding)
09/28/2020Application (20A53) for a stay, submitted to Justice Alito.
09/29/2020Response to application (20A53) requested by Justice Alito, due Monday, October 5, by 3 p.m.
09/30/2020Motion 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.
10/02/2020Motion for leave to file amici brief filed by Tom Ridge, et al.
10/05/2020Response to application from respondents Kathy Boockvar, et al. filed.
10/05/2020Response to application from respondent Luzerne County Election Board filed.
10/05/2020Response to application from respondents Pennsylvania Democratic Party, et al. filed.
10/05/2020Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Oklahoma, et al.
10/05/2020Motion for leave to file amicus brief filed by Eagle Forum Education & Legal Defense Fund.
10/05/2020Motion for leave to file amicus brief filed by Christian Family Coalition Florida, Inc.
10/06/2020Reply of applicants Joseph B. Scarnati III, et al. filed.
10/19/2020Application (20A53) referred to the Court.
10/19/2020Application (20A53) denied by the Court. Justice Thomas, Justice Alito, Justice Gorsuch, and Justice Kavanaugh would grant the application.
10/23/2020Petition for a writ of certiorari filed. (Response due November 25, 2020)
10/23/2020Motion to expedite consideration of the petition for a writ of certiorari filed by petitioner.
10/25/2020Response to motion from respondent Pennsylvania Democratic Party filed.
10/26/2020Motion for leave to file amicus brief filed by Honest Elections Project.
10/26/2020Response to motion from respondent Kathy Boockvar filed.
10/27/2020Motion 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)
10/27/2020Reply in Support of Motion to Expedite Consideration filed.
10/28/2020Motion 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)
10/28/2020Letter of October 28, 2020 from counsel for respondent Kathy Boockvar, Secretary of State of Pennsylvania filed.
10/29/2020Notice of withdrawal of motion to recuse from counsel for respondent Luzerne County Board of Elections submitted. (Received November 2, 2020)
11/04/2020Motion for leave to intervene as a petitioner filed by Donald J. Trump for President, Inc. filed.
11/04/2020Response to motion for leave to intervene requested, due Thursday, November 5, 2020, by 5 p.m.
11/05/2020Response to motion from petitioner Republican Party of Pennsylvania filed.
11/05/2020Response to motion from respondent Kathy Boockvar filed.
11/05/2020Response to motion from respondent Pennsylvania Democratic Party filed.
11/05/2020Response to motion from respondent Luzerne County Board of Elections filed.
11/06/2020Application (20A84) for injunctive relief pending the disposition of the petition for certiorari, submitted to Justice Alito.
11/06/2020Reply in Support of Motion for Leave to Intervene as a Petitioner filed.
11/06/2020Order 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.
11/06/2020Response to application from respondent Pennsylvania Democratic Party filed.
11/07/2020Response to application from respondent Kathy Boockvar, Secretary of Pennsylvania filed.
11/07/2020Response to application from respondent Luzerne County Board of Elections filed.
11/08/2020Letter of respondent Kathy Boockvar, Secretary of Pennsylvania filed.
11/09/2020Reply of applicant Republican Party of Pennsylvania filed.
11/09/2020Brief amicus curiae of State of Ohio filed. VIDED.
11/09/2020Brief amici curiae of States of Oklahoma, et al. filed. VIDED.
11/09/2020Brief amici curiae of State of Missouri, et al. filed. VIDED.
11/13/2020Motion for leave to file amicus brief filed by Eagle Forum Education & Legal Defense Fund.
11/23/2020Motion to extend the time to file a response from November 25, 2020 to November 30, 2020, submitted to The Clerk.
11/24/2020Motion to extend the time to file a response is granted and the time is extended to and including November 30, 2020, for all respondents.
11/25/2020Brief amici curiae of Citizens United, Citizens United Foundation, and The Presidential Coalition, LLC filed.
11/30/2020Waiver of right of respondents Various Respondents to respond filed.
11/30/2020Motion to intervene as respondents filed by Thomas J. Randolph, et al. VIDED.
11/30/2020Brief of respondent Pennsylvania Democratic Party in opposition filed. VIDED.
11/30/2020Brief of respondent Luzerne County Board of Elections in opposition filed. VIDED.
11/30/2020Brief of respondent Kathy Boockvar in opposition filed.
12/01/2020Brief of Thomas J. Randolph and C.F. Canavan in opposition not accepted for filing. (December 03, 2020)
12/15/2020Reply of petitioner Republican Party of Pennsylvania filed. (Distributed)
12/16/2020DISTRIBUTED for Conference of 1/8/2021.
01/11/2021DISTRIBUTED for Conference of 1/15/2021.
01/19/2021DISTRIBUTED for Conference of 1/22/2021.
02/12/2021DISTRIBUTED for Conference of 2/19/2021.
02/22/2021Motion for leave to file amicus brief filed by Honest Elections Project GRANTED.
02/22/2021Petition 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)
02/22/2021Motion of Donald J. Trump for President, Inc. for leave to intervene as petitioner dismissed as moot.
02/22/2021Motion of Thomas J. Randolph, et al. to intervene as respondents dismissed as moot.