Supreme Court of the United States · Official docket →
Frank Marshall, et ux. v. Wisconsin Elections Commission, et al.
Paid petition · United States Court of Appeals for the Seventh Circuit, No. 24-2746 · judgment March 20, 2025
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
For the first time in the history of the United States, a State violated the foundational principles of the Electoral College by removing bona fide Presidential Elector Candidates by prematurely adjudicating the qualifications of the Pledged Candidate for President, though the Elector Candidates had fulfilled all the statutory requirements to gain ballot access. The United States Appeals Court of the Seventh Circuit, by affirming with lower courts decision, to remove the Elector Candidates not only violated the Elector Candidates’ First and Fourteenth Amendment rights but also did so inconsistent with its own previous history of allowing Elector Candidates on the ballot though their Pledged Candidate may not be qualified to hold the Office of President. The Supreme Court of Minnesota ruled in favor of Elector Candidates remaining on the ballot even though their Pledged Candidate was the same as Wisconsin's. A “chaotic state-by-state patchwork” now exists with some States allowing/removing Elector Candidates on/from the ballot without/with premature adjudication of their Pledged Candidate. The Question Presented is: Is not States’ premature adjudication of qualifications of Elector Candidates’ Pledged Candidates unconstitutional and violation of the foundational principles of the Electoral College and how presidential elections are to be run?
Counsel of record
For petitioner
Frank Marshall
For respondent
Brian Patrick Keenan
Wisconsin Department of Justice
Proceedings
- Oct 20 2025Petition DENIED.
- Oct 01 2025DISTRIBUTED for Conference of 10/17/2025.
- Sep 17 2025Waiver of right of respondent Wisconsin Elections Commission to respond filed.
- Aug 13 2025Petition for a writ of certiorari filed. (Response due October 16, 2025)
- Jun 09 2025Application (24A1208) granted by Justice Barrett extending the time to file until August 17, 2025.
- Jun 04 2025Application (24A1208) to extend the time to file a petition for a writ of certiorari from June 18, 2025 to August 17, 2025, submitted to Justice Barrett.