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Shelby Advocates for Valid Elections, et al. v. Tre Hargett, Tennessee Secretary of State, et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 19-6142 · judgment January 24, 2020

Certiorari denied · October 5, 2020

Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

I. Do the plaintiffs, who have shown an actual breach and maladministration, have standing to challenge their county’s fundamentally unfair voting system? II. Did the Sixth Circuit err in applying the Rule 12(b)(6) Twombly/Iqbal Standard on a Rule 12(b)(1) motion to dismiss? III. Did the Sixth Circuit err in requiring proof of “Inevitable Harm” for standing in this election security case?

Counsel of record

For petitioner
Carolyn Jean Chumney
Carol Chumney Law Firm

For respondent
John L. Ryder
Harris Shelton Hanover Walsh, PLLC

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Proceedings

Oct 05 2020
Petition DENIED.
Jul 22 2020
Brief amici curiae of Individual Election Security Experts filed. (Distributed)
Jul 08 2020
DISTRIBUTED for Conference of 9/29/2020.
Jul 01 2020
Waiver of right of respondent Tre Hargett TN Sec'y State; Mark Goins State Election Commission Commissioners to respond filed.
Jun 22 2020
Waiver of right of respondents Linda Phillips Shelby County Election Commission, Shelby County Election Commission Commissioners to respond filed.
Jun 09 2020
Petition for a writ of certiorari filed. (Response due July 22, 2020)