Supreme Court of the United States · Official docket →
Republican Party of Pennsylvania v. Veronica Degraffenreid, Acting Secretary of Pennsylvania, et al.
Paid petition · Supreme Court of Pennsylvania, Middle District, No. 133 MM 2020 · judgment September 17, 2020
Certiorari denied · February 22, 2021
Pre-decision estimate: 4% cert probability
Before the decision, roughly the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below and a dissent in the court below (flagged in the petition), and down for a state or local-government respondent.
Questions presented
A Pennsylvania statute unambiguously provides that absentee and mail-in ballots must be received by Election Day. Brushing that requirement aside, a 4– 3 majority of the Pennsylvania Supreme Court extended the deadline by three days. The majority also required election officials to presume that any ballot received by its judicially created deadline that lacks an intelligible postmark was mailed by Election Day, unless a preponderance of the evidence demonstrates otherwise. The questions presented are:
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Whether the Pennsylvania Supreme Court majority usurped the Pennsylvania General Assembly’s plenary authority to “direct [the] Manner” for appointing electors for President and Vice President, U.S. Const. art. II, § 1, cl. 2, and broad power to prescribe “[t]he Times, Places, and Manner” for congressional elections, id. art. I, § 4, cl. 1.
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Whether the majority’s extension and presumption are preempted by federal statutes that establish a uniform nationwide federal Election Day.
Counsel of record
For petitioner
John Matthew Gore
Jones Day
For respondent
Joseph Matthias Cosgrove
Selingo Guagliardo LLC
Argument & decision
Decided October 28, 2020.
Proceedings
- Feb 22 2021Motion for leave to file amicus brief filed by Honest Elections Project GRANTED.
- Feb 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)
- Feb 22 2021Motion of Donald J. Trump for President, Inc. for leave to intervene as petitioner dismissed as moot.
- Feb 22 2021Motion of Thomas J. Randolph, et al. to intervene as respondents dismissed as moot.
- Feb 12 2021DISTRIBUTED for Conference of 2/19/2021.
- Jan 19 2021DISTRIBUTED for Conference of 1/22/2021.
- Jan 11 2021DISTRIBUTED for Conference of 1/15/2021.
- Dec 16 2020DISTRIBUTED for Conference of 1/8/2021.
- Dec 15 2020Reply of petitioner Republican Party of Pennsylvania filed. (Distributed)
- Dec 01 2020Brief of Thomas J. Randolph and C.F. Canavan in opposition not accepted for filing. (December 03, 2020)
- Nov 30 2020Waiver of right of respondents Various Respondents to respond filed.
- Nov 30 2020Motion to intervene as respondents filed by Thomas J. Randolph, et al. VIDED.
- Nov 30 2020Brief of respondent Pennsylvania Democratic Party in opposition filed. VIDED.
- Nov 30 2020Brief of respondent Luzerne County Board of Elections in opposition filed. VIDED.
- Nov 30 2020Brief of respondent Kathy Boockvar in opposition filed.
- Nov 25 2020Brief amici curiae of Citizens United, Citizens United Foundation, and The Presidential Coalition, LLC filed.
- Nov 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.
- Nov 23 2020Motion to extend the time to file a response from November 25, 2020 to November 30, 2020, submitted to The Clerk.
- Nov 13 2020Motion for leave to file amicus brief filed by Eagle Forum Education & Legal Defense Fund.
- Nov 09 2020Reply of applicant Republican Party of Pennsylvania filed.
- Nov 09 2020Brief amicus curiae of State of Ohio filed. VIDED.
- Nov 09 2020Brief amici curiae of States of Oklahoma, et al. filed. VIDED.
- Nov 09 2020Brief amici curiae of State of Missouri, et al. filed. VIDED.
- Nov 08 2020Letter of respondent Kathy Boockvar, Secretary of Pennsylvania filed.
- Nov 07 2020Response to application from respondent Kathy Boockvar, Secretary of Pennsylvania filed.
- Nov 07 2020Response to application from respondent Luzerne County Board of Elections filed.
- Nov 06 2020Application (20A84) for injunctive relief pending the disposition of the petition for certiorari, submitted to Justice Alito.
- Nov 06 2020Reply in Support of Motion for Leave to Intervene as a Petitioner filed.
- Nov 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.
- Nov 06 2020Response to application from respondent Pennsylvania Democratic Party filed.
- Nov 05 2020Response to motion from petitioner Republican Party of Pennsylvania filed.
- Nov 05 2020Response to motion from respondent Kathy Boockvar filed.
- Nov 05 2020Response to motion from respondent Pennsylvania Democratic Party filed.
- Nov 05 2020Response to motion from respondent Luzerne County Board of Elections filed.
- Nov 04 2020Motion for leave to intervene as a petitioner filed by Donald J. Trump for President, Inc. filed.
- Nov 04 2020Response to motion for leave to intervene requested, due Thursday, November 5, 2020, by 5 p.m.
- Oct 29 2020Notice of withdrawal of motion to recuse from counsel for respondent Luzerne County Board of Elections submitted. (Received November 2, 2020)
- Oct 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)
- Oct 28 2020Letter of October 28, 2020 from counsel for respondent Kathy Boockvar, Secretary of State of Pennsylvania filed.
- Oct 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)
- Oct 27 2020Reply in Support of Motion to Expedite Consideration filed.
- Oct 26 2020Motion for leave to file amicus brief filed by Honest Elections Project.
- Oct 26 2020Response to motion from respondent Kathy Boockvar filed.
- Oct 25 2020Response to motion from respondent Pennsylvania Democratic Party filed.
- Oct 23 2020Petition for a writ of certiorari filed. (Response due November 25, 2020)
- Oct 23 2020Motion to expedite consideration of the petition for a writ of certiorari filed by petitioner.
- Oct 19 2020Application (20A53) referred to the Court.
- Oct 19 2020Application (20A53) denied by the Court. Justice Thomas, Justice Alito, Justice Gorsuch, and Justice Kavanaugh would grant the application.
- Oct 06 2020Reply of applicants Joseph B. Scarnati III, et al. filed.
- Oct 05 2020Response to application from respondents Kathy Boockvar, et al. filed.
- Oct 05 2020Response to application from respondent Luzerne County Election Board filed.
- Oct 05 2020Response to application from respondents Pennsylvania Democratic Party, et al. filed.
- Oct 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.
- Oct 05 2020Motion for leave to file amicus brief filed by Eagle Forum Education & Legal Defense Fund.
- Oct 05 2020Motion for leave to file amicus brief filed by Christian Family Coalition Florida, Inc.
- Oct 02 2020Motion for leave to file amici brief filed by Tom Ridge, et al.
- Sep 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.
- Sep 29 2020Response to application (20A53) requested by Justice Alito, due Monday, October 5, by 3 p.m.
- Sep 28 2020Application (20A53) for a stay, submitted to Justice Alito.