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Republican National Committee, et al., Applicants v. Common Cause Rhode Island, et al.

Application · United States Court of Appeals for the First Circuit, No. 20-1753


Application denied · August 13, 2020

Counsel of record

For petitioner
Thomas Ryan McCarthy
Consovoy McCarthy PLLC

For respondent
Michael Courtney Keats
Fried, Frank, Harris, Shriver & Jacobson LLP

Case

Conference history

Proceedings

  1. Aug 13 2020
    Application (20A28) referred to the Court.
  2. Aug 13 2020
    Application (20A28) denied by the Court. The application for stay presented to Justice Breyer and by him referred to the Court is denied. Unlike Merrill v. People First of Alabama, 591 U. S. ___ (2020), and other similar cases where a State defends its own law, here the state election officials support the challenged decree, and no state official has expressed opposition. Under these circumstances, the applicants lack a cognizable interest in the State’s ability to “enforce its duly enacted” laws. Abbott v. Perez, 585 U. S. ___, ___ n. 17 (2018). The status quo is one in which the challenged requirement has not been in effect, given the rules used in Rhode Island’s last election, and many Rhode Island voters may well hold that belief. Justice Thomas, Justice Alito, and Justice Gorsuch would grant the application.
  3. Aug 12 2020
    Reply of applicants Republican National Committee, et al. filed.
  4. Aug 11 2020
    Response to application from respondents Nellie Gorbea, Rhode Island Secretary of State, et al. filed.
  5. Aug 11 2020
    Response to application from respondents Common Cause Rhode Island, et al. filed.
  6. Aug 10 2020
    Application (20A28) for a stay, submitted to Justice Breyer.
  7. Aug 10 2020
    Response to application (20A28) requested by Justice Breyer, due Tuesday, August 11, 2020, by 5 p.m. ET.