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Colorado Department of State v. Micheal Baca, et al.

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 18-1173 · judgment August 20, 2019

Decided · July 6, 2020
Pre-decision estimate: 46% cert probability (95% interval 31%–60%)

Before the decision, about 11× the 4.1% base rate. The model weighted this up for a federal-government petitioner, a petition filed soon after the judgment below, and a circuit split argued in the petition.

Questions presented

Consolidated with 19-465. Like most States, Colorado requires its presidential electors to follow the will of its voters when casting their Electoral College ballots for President. In the 2016 Electoral College, one of Colorado's electors violated Colorado law by attempting to cast his presidential ballot for a candidate other than the one he pledged to vote for. Colorado removed him as an elector, declined to accept his ballot, and replaced him with an alternate elector who properly cast her ballot for the winner of the State's popular vote, consistent with Colorado law. The removed elector later sued Colorado for nominal damages. The questions presented are:

  1. Whether a presidential elector who is prevented by their appointing State from casting an Electoral College ballot that violates state law lacks standing to sue their appointing State because they hold no constitutionally protected right to exercise discretion.

  2. Does Article II or the Twelfth Amendment forbid a State from requiring its presidential electors to follow the State's popular vote when casting their Electoral College ballots.

Counsel of record

For petitioner
Eric Reuel Olson
Solicitor General

For respondent
Charles Gerstein
Gerstein Harrow LLP

Case

Conference history
Distributed for 2 conferences

Amicus briefs
4 cert-stage · 19 merits
(19 supporting pet./neither)

Argument & decision

Argued May 13, 2020 — Philip J. Weiser · Jason Harrow. Audio and transcript

Decided July 6, 2020. Opinion by Per Curiam.

Proceedings

  1. Aug 07 2020
    JUDGMENT ISSUED.
  2. Jul 06 2020
    Judgment REVERSED for the reasons set forth in Chiafalo v. Washington, 591 U. S. ___ (2020). Opinion per curiam. Justice Sotomayor took no part in the decision of this case. Justice Thomas concurs in the judgment for the reasons stated in his separate opinion in Chiafalo v. Washington, 591 U. S. ___ (2020).
  3. May 13 2020
    Argued. For petitioner: Philip J. Weiser, Attorney General, Denver, Colo. For respondents: Jason Harrow, Los Angeles, Cal.
  4. May 01 2020
    Reply of Presidential Electors Baca, et al. filed. (Distributed)
  5. Apr 20 2020
    Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
  6. Apr 15 2020
    RESCHEDULED FOR ARGUMENT on Wednesday, May 13, 2020.
  7. Apr 13 2020
    Argument to be rescheduled for May 2020.
  8. Apr 08 2020
    Amicus brief of The Colorado Democratic Party not accepted for filing. (April 08, 2020)
  9. Apr 08 2020
    Brief amicus curiae of The Colorado Democratic Party filed. (Distributed)
  10. Apr 08 2020
    Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed. (Distributed)
  11. Apr 08 2020
    Brief amicus curiae of Colorado Republican Committee filed. (Distributed)
  12. Apr 08 2020
    Brief amici curiae of South Dakota and 44 States and the District of Columbia filed. VIDED. (Distributed)
  13. Apr 08 2020
    Brief amici curiae of Campaign Legal Center and Issue One filed. VIDED. (Distributed)
  14. Apr 08 2020
    Brief amicus curiae and appendix of Professor Robert W. Bennett filed. VIDED. (Distributed)
  15. Apr 08 2020
    Brief amicus curiae of Interested Legal Scholar filed. (Distributed)
  16. Apr 08 2020
    Brief amicus curiae of The Republican National Committee filed. VIDED. (Distributed)
  17. Apr 08 2020
    Brief amicus curiae of National Conference of Commissioners on Uniform State Laws filed. (Distributed)
  18. Apr 03 2020
    ORAL ARGUMENT POSTPONED.
  19. Apr 02 2020
    Brief amici curiae of Presidential Electors Mary Beth Corsentino, Stratton Rollins Heath, Jr., and Celeste Landry filed. (Distributed)
  20. Apr 01 2020
    Motion to dispense with printing the joint appendix filed by petitioner.
  21. Apr 01 2020
    Brief of Colorado Department of State filed. (Distributed)
  22. Mar 19 2020
    CIRCULATED
  23. Mar 10 2020
    This case in no longer consolidated with No. 19-465, Chiafalo v. Washington, and one hour is allotted for oral argument in this case. Justice Sotomayor took no part in the consideration of this order.
  24. Mar 10 2020
    Letter from Clerk of Court to counsel of record noting that Justice Sotomayor will not continue to participate in this case.
  25. Mar 09 2020
    Brief amicus curiae of Professor Edward B. Foley in support of neither party filed. VIDED.
  26. Mar 09 2020
    Brief amicus curiae of Jerry H. Goldfeder filed. VIDED.
  27. Mar 09 2020
    Brief amicus curiae of Making Every Vote Count Foundation in support of neither party filed. VIDED.
  28. Mar 09 2020
    Brief amicus curiae of Vinz Koller filed. VIDED.
  29. Mar 09 2020
    Brief amicus curiae of Michael T. Morley in support of neither party filed. VIDED.
  30. Mar 06 2020
    Brief amicus curiae of Professor Derek T. Muller in support of neither party filed. VIDED.
  31. Mar 06 2020
    Brief amici curiae of Michael L. Rosin, et al. filed. VIDED.
  32. Mar 06 2020
    Brief amicus curiae of Independence Institute filed. VIDED.
  33. Mar 05 2020
    Brief amicus curiae of Citizens for Self-Governance filed. VIDED.
  34. Mar 02 2020
    Brief of Presidential Electors filed. VIDED.
  35. Feb 26 2020
    Record requested from the U.S.C.A. 10th Circuit.
  36. Feb 26 2020
    The record of the USCA 10th Circuit is available on PACER.
  37. Feb 21 2020
    SET FOR ARGUMENT on Tuesday, April 28, 2020 (amended March 10, 2020).
  38. Feb 20 2020
    Motion of Colorado Department of State to extend the time to file the joint appendix in No. 19-518 is granted and the time is extended to and including April 1, 2020.
  39. Feb 18 2020
    Motion of Colorado Department of State for an extension of time to file the joint appendix in No. 19-518 filed.
  40. 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. VIDED.
  41. Feb 11 2020
    Blanket Consent filed by Colorado Department of State. VIDED.
  42. Feb 11 2020
    Blanket Consent filed by Washington. VIDED.
  43. 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.
  44. Jan 27 2020
    Blanket Consent filed Peter Bret Chiafalo, et al. and Micheal Baca, et al. VIDED.
  45. Jan 17 2020
    Motion for leave to file amicus brief filed by Thomas E. Weaver GRANTED.
  46. Jan 17 2020
    Petition GRANTED. The petition for a writ of certiorari in No. 19-465 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
  47. 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.”
  48. Jan 13 2020
    DISTRIBUTED for Conference of 1/17/2020.
  49. Dec 04 2019
    DISTRIBUTED for Conference of 1/10/2020.
  50. Dec 04 2019
    Reply of petitioner Colorado Department of State filed.
  51. Nov 20 2019
    Brief of respondent Micheal Baca in support filed.
  52. Nov 20 2019
    Brief amicus curiae of Michael T. Morley in support of neither party filed.
  53. Nov 20 2019
    Brief amici curiae of South Dakota, et al. filed.
  54. Nov 20 2019
    Brief amicus curiae of National Conference of Commissioners on Uniform State Laws filed.
  55. Nov 20 2019
    Brief amicus curiae of Interested Legal Scholar Robert M. Hardway filed.
  56. Nov 07 2019
    Motion for leave to file amicus brief filed by Thomas E. Weaver.
  57. Nov 07 2019
    Blanket Consent filed by Petitioner, Colorado Department of State.
  58. Oct 23 2019
    Blanket Consent filed by Respondent, Micheal Baca.
  59. Oct 16 2019
    Petition for a writ of certiorari filed. (Response due November 20, 2019)