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Carlanda D. Meadors, et al. v. Erie County Board of Elections, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 23-1054 · judgment July 26, 2024


Certiorari denied · June 2, 2025
Pre-decision estimate: 19% cert probability (95% interval 13%–26%)

Before the decision, about 4.5× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Second Circuit decision below, and a circuit split argued in the petition.

Question presented

A controversy is “capable of repetition, yet evading review,” and therefore not moot, if (1) the challenged action is in its duration too short to be fully litigated before cessation or expiration; and (2) there is a reasonable expectation that the same complaining party will be subject to the same action again. Weinstein v. Bradford, 423 U.S. 147, 149 (1975). The question presented is: Whether the “capable of repetition, yet evading review” doctrine requires plaintiffs in election law cases to predict and articulate specific plans for their own future electoral participation, as four courts of appeals have held, or whether it is sufficient that the challenged law will continue to affect voters and candidates in future elections, as eight courts of appeals have held.

Counsel of record

For petitioner
Xiao Wang
University of Virginia School of Law

For respondent
Charles Lewis Gerstein
Gerstein Harrow LLP

Case

Conference history
Distributed for 6 conferences

Linked docket
24A356

Proceedings

  1. Jun 02 2025
    Petition DENIED.
  2. May 27 2025
    DISTRIBUTED for Conference of 5/29/2025.
  3. May 19 2025
    DISTRIBUTED for Conference of 5/22/2025.
  4. May 12 2025
    DISTRIBUTED for Conference of 5/15/2025.
  5. Apr 29 2025
    Rescheduled.
  6. Apr 28 2025
    DISTRIBUTED for Conference of 5/2/2025.
  7. Apr 25 2025
    Rescheduled.
  8. Apr 09 2025
    DISTRIBUTED for Conference of 4/25/2025.
  9. Apr 08 2025
    Reply of petitioners Carlanda D. Meadors, et al. filed. (Distributed)
  10. Mar 20 2025
    Brief of respondents Erie County Board of Elections, et al. in opposition filed.
  11. Jan 29 2025
    Motion to extend the time to file a response is granted and the time is extended to and including March 20, 2025.
  12. Jan 28 2025
    Motion to extend the time to file a response from February 18, 2025 to March 20, 2025, submitted to The Clerk.
  13. Jan 16 2025
    Response Requested. (Due February 18, 2025)
  14. Jan 15 2025
    DISTRIBUTED for Conference of 2/21/2025.
  15. Jan 14 2025
    Waiver of right of respondents Erie County Board of Elections, et al. to respond filed.
  16. Dec 20 2024
    Petition for a writ of certiorari filed. (Response due January 27, 2025)
  17. Dec 03 2024
    Application (24A356) granted by Justice Sotomayor extending the time to file until December 20, 2024.
  18. Nov 26 2024
    Application (24A356) to extend further the time from December 6, 2024 to December 20, 2024, submitted to Justice Sotomayor.
  19. Oct 17 2024
    Application (24A356) granted by Justice Sotomayor extending the time to file until December 6, 2024.
  20. Oct 14 2024
    Application (24A356) to extend the time to file a petition for a writ of certiorari from October 24, 2024 to December 6, 2024, submitted to Justice Sotomayor.