Supreme Court of the United States · Official docket →
David Ritter v. Linda Migliori, et al.
Paid petition · United States Court of Appeals for the Third Circuit, No. 22-1499 · judgment May 27, 2022
Before the decision, about 3.9× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a petition filed soon after the judgment below, and a Third Circuit decision below.
Question presented
Pennsylvania requires voters to sign and date a declaration when they vote by mail. In a private lawsuit filed after a local election, the Third Circuit held that this dating requirement was preempted by the materiality provision of the Civil Rights Act of 1964, 52 U.S.C. §10101(a)(2)(B). That decision “is very likely incorrect,” as three Justices have explained, and “could well affect the outcome of the fall elections.” Ritter v. Migliori, 2022 WL 2070669 (U.S. June 9), at *3, *1 (Alito, J., dissental). Though petitioner planned to ask this Court to review it, he couldn’t because the election ended and the results were certified. So the Third Circuit’s decision will continue wreaking havoc, but this Court cannot review it on the merits. The question presented is: Should this Court vacate the Third Circuit’s decision under United States v. Munsingwear, Inc., 340 U.S. 36 (1950)?
Counsel of record
For petitioner
Cameron Thomas Norris
Consovoy McCarthy PLLC
For respondent
Kelsi Brown Corkran
Institute for Constitutional Advocacy & Protection
Proceedings
- Nov 14 2022Judgment issued.
- Oct 11 2022Motion for leave to file amici brief filed by Speaker of the Pennsylvania House of Representatives, Bryan Cutler, et al. GRANTED.
- Oct 11 2022Motion for leave to file amici brief filed by Doctor Oz for Senate, et al. GRANTED.
- Oct 11 2022Petition GRANTED. Judgment VACATED and case REMANDED with instructions to dismiss the case as moot. See United States v. Munsingwear, Inc., 340 U. S. 36 (1950). Justice Sotomayor and Justice Jackson would deny the petition for a writ of certiorari.
- Sep 14 2022DISTRIBUTED for Conference of 10/7/2022.
- Sep 09 2022Reply of petitioner David Ritter filed.
- Sep 06 2022Brief of respondents Linda Migliori, et al. in opposition filed.
- Sep 06 2022Brief of respondent Zac Cohen in opposition filed.
- Sep 06 2022Waiver of the 14-day waiting period for the distribution of the petition under 15.5 filed by petitioners.
- Aug 10 2022Brief amici curiae of Judicial Watch, Inc., et al. filed.
- Aug 10 2022Brief of respondents Lehigh County Board of Elections in support filed.
- Aug 10 2022Brief amicus curiae of Lawyers Democracy Fund filed.
- Aug 10 2022Motion for leave to file amici brief filed by Doctor Oz for Senate, et al.
- Aug 10 2022Motion for leave to file amici brief filed by Speaker of the Pennsylvania House of Representatives, Bryan Cutler, et al.
- Aug 09 2022Brief amicus curiae of Landmark Legal Foundation filed.
- Aug 02 2022Brief amicus curiae of Honest Elections Project filed.
- Jul 27 2022Motion to extend the time to file a response is granted and the time is extended to and including September 6, 2022, for all respondents. See Rule 30.1
- Jul 26 2022Motion to extend the time to file a response from August 10, 2022 to September 4, 2022, submitted to The Clerk.
- Jul 07 2022Petition for a writ of certiorari filed. (Response due August 10, 2022)
- Jun 09 2022Application (21A772) referred to the Court.
- Jun 09 2022The application (21A772) for stay presented to Justice Alito and by him referred to the Court is denied. The order heretofore entered by Justice Alito is vacated. Justice Alito, with whom Justice Thomas and Justice Gorsuch join, dissenting from the denial of the application for stay. (Detached Opinion)
- Jun 03 2022Supplemental letter of applicant David Ritter filed.
- Jun 02 2022Supplemental letter on behalf of respondents filed.
- Jun 01 2022Reply of applicant David Ritter filed.
- May 31 2022Upon consideration of the application of counsel for the applicant and the responses filed thereto, it is ordered that the mandate of the United States Court of Appeals for the Third Circuit, case No. 22-1499, is hereby stayed pending further order of Justice Alito or of the Court.
- May 31 2022Response to application from Bonin, Adam C. Zac Cohen filed.
- May 31 2022Response to application from respondent Linda Migliori, et al. filed.
- May 31 2022Letter of respondent Lehigh County Board of Elections filed.
- May 30 2022Motion for Leave to File Amici Curiae Brief in Support of Applicant filed by Doctor Oz for Senate and Dr. Mehmet Oz.
- May 27 2022Application (21A772) for a stay, submitted to Justice Alito.
- May 27 2022Response to application (21A772) requested by Justice Alito, due by noon (EDT), Tuesday, May 31st, 2022.