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Richard Blumenthal, et al. v. Donald J. Trump, President of the United States

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 19-5237 · judgment February 7, 2020

Certiorari denied · October 13, 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

Do legislators have standing to seek judicial relief when their votes have been “completely nullified,” Raines v. Byrd, 521 U.S. 811, 823 (1997)? (i)

Counsel of record

For petitioner
Brianne Jenna Gorod
Constitutional Accountability Center

For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP

Case

Conference history
Distributed for 1 conference

Amicus briefs
5 cert-stage

Proceedings

  1. Oct 13 2020
    Petition DENIED.
  2. Sep 23 2020
    DISTRIBUTED for Conference of 10/9/2020.
  3. Sep 22 2020
    Reply of petitioners Richard Blumenthal, et al. filed. (Distributed)
  4. Sep 09 2020
    Brief of respondent Trump, Donald in opposition filed.
  5. Aug 10 2020
    Brief amici curiae of Harold H. Bruff, Peter M. Shane, Peter L. Strauss, and Paul R. Verkuil filed.
  6. Aug 10 2020
    Brief amici curiae of Bipartisan Former Members of Congress filed.
  7. Aug 10 2020
    Brief amici curiae of Scholars of Standing, Federal Jurisdiction, and Constitutional Law filed.
  8. Aug 10 2020
    Brief amici curiae of Legal Historians filed.
  9. Aug 07 2020
    Brief amicus curiae of The Niskanen Center filed.
  10. Jul 31 2020
    Motion to extend the time to file a response is granted and the time is extended to and including September 9, 2020.
  11. Jul 30 2020
    Motion to extend the time to file a response from August 10, 2020 to September 9, 2020, submitted to The Clerk.
  12. Jul 06 2020
    Petition for a writ of certiorari filed. (Response due August 10, 2020)