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Mike Kelly, United States Congressman, et al. v. Pennsylvania, et al.

Paid petition · Supreme Court of Pennsylvania, Middle District, No. 68 MAP 2020 · judgment November 28, 2020


Certiorari denied · February 22, 2021
Pre-decision estimate: 57% cert probability (95% interval 42%–71%)

Before the decision, about 13.9× 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

  1. Do the First and Fourteenth Amendments of the United States Constitution permit Pennsylvania to rely on the laches doctrine to bar all forms of equitable relief for substantive constitutional challenges to election laws?

  2. Do the Elections and Electors Clauses of the United States Constitution permit Pennsylvania to violate its state constitution’s restrictions on Pennsylvania’s lawmaking power when enacting legislation for the conduct of federal elections?

Counsel of record

For petitioner
Gregory H. Teufel
OGC Law, LLC

For respondent
Robert Andrew Wiygul
Hangley Aronchick Segal Pudlin & Schiller

Case

Conference history
Distributed for 1 conference

Linked docket
20A98

Proceedings

  1. Feb 22 2021
    Motion for leave to file amici brief filed by 28 Current Members of the House of Representatives GRANTED.
  2. Feb 22 2021
    Petition DENIED.
  3. Jan 20 2021
    DISTRIBUTED for Conference of 2/19/2021.
  4. Jan 13 2021
    Waiver of right of respondents Commonwealth of Pennsylvania; Thomas W. Wolf, in his official capacity as Governor of the Commonwealth of Pennsylvania; and Kathy Boockvar, in her official capacity as Secretary of the Commonwealth of Pennsylvania to respond filed.
  5. Jan 11 2021
    Motion to expedite consideration filed by petitioners DENIED.
  6. Dec 23 2020
    Motion for leave to file amici brief filed by 28 Current Members of the House of Representatives.
  7. Dec 21 2020
    Motion for leave to file amici brief filed by Carter Phillips, et al.
  8. Dec 11 2020
    Petition for a writ of certiorari filed. (Response due January 14, 2021)
  9. Dec 11 2020
    Motion to expedite consideration of the petition for a writ of certiorari filed by petitioners.
  10. Dec 08 2020
    Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Jay Costa, et al.
  11. Dec 08 2020
    Motion for leave to file amicus brief and motion for leave to file brief in compliance with Rule 33.2 filed by Eagle Forum Education and Legal Defense Fund.
  12. Dec 08 2020
    Response to application from respondents Pennsylvania, et al filed.
  13. Dec 08 2020
    Motion for Leave to File an Amicus Brief of The Republican Party of Pennsylvania not accepted for filing. (December 08, 2020 - to be resubmitted by proper party)
  14. Dec 08 2020
    Reply of applicants Mike Kelly, et al. filed.
  15. Dec 08 2020
    Application (20A98) referred to the Court.
  16. Dec 08 2020
    Application (20A98) denied by the Court.
  17. Dec 08 2020
    Motion for leave to file amici brief filed by Roy S. Moore, et al.
  18. Dec 07 2020
    Motion for leave to file amici brief filed by P. Michael Jones, et al.
  19. Dec 07 2020
    Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by John Joyce, et al.
  20. Dec 07 2020
    Motion for leave to file amicus brief filed by The Republican Party of Pennsylvania.
  21. Dec 07 2020
    Motion for leave to file amicus brief filed by Lehigh Valley Tea Party.
  22. Dec 04 2020
    Motion for leave to file amicus brief and motion for leave to file brief in compliance with Rule 33.2 filed by Landmark Legal Foundation.
  23. Dec 03 2020
    Application (20A98) for injunctive relief, submitted to Justice Alito.
  24. Dec 03 2020
    Response to application (20A98) requested by Justice Alito, due Tuesday, December 8, by 9 a.m. (docket entry updated 12/6/20)