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Peter B. Chiafalo, Levi Jennet Guerra, and Esther Virginia John v. Washington

Paid petition · Supreme Court of Washington, No. 95347-3 · judgment May 23, 2019

Decided · July 6, 2020
Pre-decision estimate: 2% cert probability

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

Question presented

Consolidated with 19-518. A Washington State law threatens a fine for presidential electors who vote contrary to how the law directs. RCW 29A.56.340 (2016). Petitioners are three 2016 presidential electors who were fined under this provision solely because they failed to vote as the law directs, namely for the presidential and vice presidential candidates who won a majority of the popular vote in the State. The question presented is whether enforcement of this law is unconstitutional because:

  1. a State has no power to legally enforce how a presidential elector casts his or her ballot; and

  2. a State penalizing an elector for exercising his or her constitutional discretion to vote violates the First Amendment.

Counsel of record

For petitioner
Lawrence Lessig

For respondent
Noah Guzzo Purcell
Office of the Attorney General

Case

Conference history
Distributed for 3 conferences

Amicus briefs
2 cert-stage · 14 merits
(9 supporting pet./neither, 5 respondent)

Argument & decision

Argued May 13, 2020 — L. Lawrence Lessig · Noah Purcell. Audio and transcript

Decided July 6, 2020. Opinion by Kagan.

Proceedings

  1. Aug 07 2020
    MANDATE ISSUED.
  2. Aug 07 2020
    JUDGMENT ISSUED.
  3. 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.
  4. May 13 2020
    Argued. For petitioners: L. Lawrence Lessig, Cambridge, Mass. For respondent: Noah Purcell, Solicitor General, Olympia, Wash.
  5. May 12 2020
    Letter from counsel for petitioner filed. (Distributed)
  6. May 01 2020
    Reply of Presidential Electors filed. (Distributed)
  7. Apr 15 2020
    RESCHEDULED FOR ARGUMENT on Wednesday, May 13, 2020.
  8. Apr 13 2020
    Argument to be rescheduled for May 2020.
  9. Apr 08 2020
    Brief amici curiae of South Dakota and 44 States and the District of Columbia filed. VIDED. (Distributed)
  10. Apr 08 2020
    Brief amici curiae of Campaign Legal Center and Issue One filed. VIDED. (Distributed)
  11. Apr 08 2020
    Brief amicus curiae and appendix of Professor Robert W. Bennett filed. VIDED. (Distributed)
  12. Apr 08 2020
    Brief amicus curiae of The Republican National Committee filed. VIDED. (Distributed)
  13. Apr 07 2020
    Brief amicus curiae of Public Citizen, Inc. filed. (Distributed)
  14. Apr 03 2020
    ORAL ARGUMENT POSTPONED.
  15. Apr 01 2020
    Brief of respondent Washington filed. (Distributed)
  16. Mar 19 2020
    CIRCULATED
  17. 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.
  18. 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.
  19. Mar 09 2020
    Brief amicus curiae of Professor Edward B. Foley in support of neither party filed. VIDED
  20. Mar 09 2020
    Brief amicus curiae of Jerry H. Goldfeder filed. VIDED.
  21. Mar 09 2020
    Brief amicus curiae of Making Every Vote Count Foundation in support of neither party filed. VIDED.
  22. Mar 09 2020
    Brief amicus curiae of Vinz Koller filed. VIDED.
  23. Mar 09 2020
    Brief amicus curiae of Professor Michael T. Morley in support of neither party filed. VIDED.
  24. Mar 06 2020
    Brief amicus curiae of Professor Derek T. Muller in support of neither party filed. VIDED.
  25. Mar 06 2020
    Brief amici curiae of Michael L. Rosin, et al. filed. VIDED.
  26. Mar 06 2020
    Brief amicus curiae of Independence Institute filed. VIDED
  27. Mar 05 2020
    Brief amicus curiae of Citizens for Self-Governance filed. VIDED.
  28. Mar 03 2020
    The record received from the Supreme Court of Washington has been electronically filed.
  29. Mar 02 2020
    Motion to dispense with printing the joint appendix in No. 19-465 GRANTED.
  30. Mar 02 2020
    Brief of Presidential Electors filed. VIDED.
  31. Feb 26 2020
    Record requested from the Supreme Court of Washington.
  32. Feb 21 2020
    SET FOR ARGUMENT on Tuesday, April 28, 2020 (amended March 10, 2020).
  33. 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.
  34. Feb 20 2020
    Motion to dispense with printing the joint appendix filed (in 19-465).
  35. Feb 18 2020
    Motion of Colorado Department of State for an extension of time to file the joint appendix filed (in 19-518).
  36. 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.
  37. Feb 11 2020
    Blanket Consent filed by Colorado Department of State. VIDED.
  38. 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.
  39. Feb 11 2020
    Blanket Consent filed by Washington. VIDED.
  40. 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.
  41. Jan 27 2020
    Blanket Consent filed by Peter Bret Chiafalo, et al., and Micheal Baca, et al. VIDED.
  42. 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.
  43. 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.”
  44. Jan 13 2020
    DISTRIBUTED for Conference of 1/17/2020.
  45. Dec 11 2019
    DISTRIBUTED for Conference of 1/10/2020.
  46. Dec 05 2019
    Rescheduled.
  47. Nov 26 2019
    DISTRIBUTED for Conference of 12/13/2019.
  48. Nov 22 2019
    Reply of petitioners Peter Bret Chiafalo, et al. filed.
  49. Nov 08 2019
    Brief of respondent Washington in opposition filed.
  50. Nov 08 2019
    Brief of respondent Washington in opposition filed. (February 10, 2020 - PDF with appendix provided)
  51. Nov 08 2019
    Brief amicus curiae of Vinz Koller filed.
  52. Nov 06 2019
    Amicus brief of Michael L. Rosin & David G. Post not accepted for filing. (November 06, 2019) (Corrected efiling submitted)
  53. Nov 06 2019
    Brief amici curiae of Michael L. Rosin & David G. Post filed.
  54. Oct 15 2019
    Blanket Consent filed by Petitioners, Peter Bret Chiafalo, et al.
  55. Oct 07 2019
    Petition for a writ of certiorari filed. (Response due November 8, 2019)
  56. Aug 05 2019
    Application (19A138) granted by Justice Kagan extending the time to file until October 20, 2019.
  57. 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.
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