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Brnovich v. Democratic National Committee

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
19-1257 9th Cir. Mar 2, 2021 TBD TBD TBD OT 2020

Issues: (1) Whether Arizona’s out-of-precinct policy, which does not count provisional ballots cast in person on Election Day outside of the voter’s designated precinct, violates Section 2 of the Voting Rights Act; and (2) whether Arizona’s ballot-collection law, which permits only certain persons (i.e., family and household members, caregivers, mail carriers and elections officials) to handle another person’s completed early ballot, violates Section 2 of the Voting Rights Act or the 15th Amendment.

DateProceedings and Orders (key to color coding)
Apr 27 2020Petition for a writ of certiorari filed. (Response due June 1, 2020)
Apr 30 2020Blanket Consent filed by Petitioner, Mark Brnovich, et al.
May 20 2020Motion of respondent Katie Hobbs, Arizona Secretary of State to extend the time to file a response from June 1, 2020 to July 1, 2020, submitted to The Clerk.
May 20 2020Motion to extend the time to file a response is granted and the time is extended to and including July 1, 2020, for all respondents.
May 29 2020Brief amici curiae of Judicial Watch, Inc. and Allied Educational Foundation filed.
May 29 2020Brief amici curiae of States of Ohio, et al. filed.
Jun 01 2020Brief amicus curiae of Republican State Leadership Committee filed.
Jun 01 2020Brief amici curiae of Election Integrity Project California and Arizona filed.
Jun 01 2020Brief amicus curiae of Helen Purcell filed.
Jun 01 2020Brief amici curiae of Pacific Legal Foundation, Center for Equal Opportunity, and Project 21 filed.
Jun 01 2020Brief amicus curiae of American Constitutional Union filed.
Jun 01 2020Brief amici curiae of Kentucky Secretary of State Michael Adams, et al. filed.
Jun 01 2020Brief amici curiae of Elijah Haahr, et al. filed. VIDED.
Jun 01 2020Brief amicus curiae of Honest Elections Project filed.
Jun 01 2020Brief amicus curiae of Maricopa County filed.
Jun 01 2020Brief amici curiae of Public Interest Legal Foundation et al. filed.
Jun 01 2020Brief amici curiae of Governor Douglas A. Ducey, et al. filed. VIDED.
Jun 01 2020Brief amici curiae of United States Senators Ted Cruz, Marsha Blackburn, John Cornyn, Tom Cotton, James M. Inhofe, James Lankford, And Mike Lee filed. VIDED.
Jul 01 2020Brief of respondent Katie Hobbs, Arizona Secretary of State in opposition filed. VIDED.
Jul 01 2020Brief of respondents Democratic National Committee, et al. in opposition filed. VIDED.
Jul 02 2020Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from July 15, 2020 to July 29, 2020, submitted to The Clerk.
Jul 02 2020Motion to delay distribution of the petition for a writ certiorari until July 29, 2020, granted.
Jul 28 2020Reply of petitioner Mark Brnovich, et al. filed. (Distributed)
Jul 29 2020DISTRIBUTED for Conference of 9/29/2020.
Oct 02 2020Petition GRANTED. The petition for a writ of certiorari in No. 19-1258 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Oct 02 2020Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-1257. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-1257. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Oct 26 2020Blanket Consent filed by Petitioner, Mark Brnovich, et al.
Oct 28 2020Blanket Consent filed by Petitioner, Arizona Republican Party, et al.
Nov 11 2020Blanket Consent filed by Respondent, Katie Hobbs, Arizona Secretary of State. VIDED.
Nov 13 2020Blanket Consent filed by Respondent, Democratic National Committee, et al. VIDED.
Nov 13 2020Motion for an extension of time to file the briefs on the merits filed. VIDED.
Nov 13 2020Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' briefs on the merits is extended to and including November 30, 2020. The time to file respondents' briefs on the merits is extended to and including January 13, 2021. VIDED.
Nov 30 2020Joint appendix filed. VIDED.
Nov 30 2020Brief of State Petitioners filed. VIDED.
Nov 30 2020Brief of Private Petitioners filed. VIDED.
Dec 03 2020Brief amici curiae of Election Integrity Project California, et al. filed. VIDED.
Dec 04 2020Brief amici curiae of Public Interest Legal Foundation, et al. filed.
Dec 04 2020Brief amici curiae of States of Ohio, Alabama, et al. filed. VIDED.
Dec 04 2020Brief amici curiae of Pacific Legal Foundation, et al. filed. VIDED.
Dec 04 2020Brief amicus curiae of The Cato Institute supporting neither party filed. VIDED.
Dec 07 2020Brief amicus curiae of United States filed. VIDED.
Dec 07 2020Brief amicus curiae of American Constitutional Rights Union filed. VIDED
Dec 07 2020Brief amicus curiae of Liberty Justice Center filed. VIDED.
Dec 07 2020Brief amicus curiae of Professor Nicholas Stephanopoulos in support of neither party filed. VIDED.
Dec 07 2020Brief amicus curiae of Honest Elections Project filed. VIDED.
Dec 07 2020Brief amicus curiae of Republican Governors Public Policy Committee filed. VIDED.
Dec 07 2020Brief amicus curiae of Helen Purcell in Support of Petitioners filed. VIDED.
Dec 07 2020Brief amici curiae of Governor Douglas A. Ducey, President of the Arizona State Senate Karen Fann, and Speaker of the Arizona House of Representatives Russell Bowers filed. VIDED.
Dec 07 2020Brief amici curiae of Legislators Elijah Haahr, et al. in support of neither party filed. VIDED.
Dec 07 2020Brief amici curiae of Judicial Watch, Inc. and Allied Educational Foundation filed. VIDED.
Dec 07 2020Brief amici curiae of Senator Ted Cruz and Ten Other Members of the United States Senate filed. VIDED.
Dec 07 2020Brief amici curiae of Wisconsin Majority Leader Scott Fitzgerald and Speaker Robin Vos filed. VIDED
Dec 07 2020Brief amicus curiae of Governor Kristi Noem filed. VIDED.
Dec 31 2020SET FOR ARGUMENT on Tuesday, March 2, 2021. VIDED.
Jan 06 2021Motion for divided argument filed by petitioners. VIDED.
Jan 13 2021Brief of respondents Democratic National Committee, et al. filed. VIDED (Distributed)
Jan 13 2021Brief of respondent Katie Hobbs, Arizona Secretary of State filed. VIDED. (Distributed)
Jan 19 2021Motion for divided argument filed by respondents. VIDED.
Jan 19 2021Brief amici curiae of The Leadership Conference on Civil and Human Rights, et al. filed. VIDED. (Distributed)
Jan 19 2021Brief amici curiae of State And Local Election Officials filed. VIDED. (Distributed)
Jan 19 2021Brief amicus curiae of Navajo Nation filed. VIDED. (Distributed)
Jan 19 2021Brief amicus curiae of Constitutional Accountability Center filed. VIDED. (Distributed)
Jan 20 2021Brief amici curiae of Voting Rights Scholars filed. VIDED. (Distributed)
Jan 20 2021Brief amicus curiae of National Congress of American Indians filed. VIDED. (Distributed)
Jan 20 2021Brief amicus curiae of Campaign Legal Center filed. VIDED. (Distributed)
Jan 20 2021Brief amici curiae of District of Columbia, et al., filed. VIDED. (Distributed)
Jan 20 2021Brief amici curiae of North Carolina, Memphis, Central Virginia, and Miami-Dade Chapters of the A. Philip Randolf Institute filed. VIDED. (Distributed)
Jan 20 2021Brief amici curiae of National Association for the Advancement of Colored People and Lawyers’ Committee for Civil Rights Under Law filed. VIDED. (Distributed)
Jan 20 2021Brief amici curiae of Senate Staffers and Other Leading Participants in the 1982 Amendments to the Voting Rights Act filed. VIDED. (Distributed)
Jan 20 2021Brief amici curiae of Empirical Elections Scholars filed. VIDED. (Distributed)
Jan 20 2021Brief amici curiae of The American Civil Liberties Union and The American Civil Liberties Union of Arizona filed. VIDED. (Distributed)
Jan 20 2021Brief amicus curiae of Brennan Center for Justice at NYU School of Law filed. VIDED. (Distributed)
Jan 20 2021Brief amicus curiae of Professor Travis Crum filed. VIDED. (Distributed)
Jan 20 2021Brief amici curiae of Casper Sleep Inc., et al. filed. VIDED. (Distributed)
Jan 20 2021Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed. VIDED. (Distributed)
Jan 20 2021Brief amici curiae of Fair Fight Action, Inc., et al. filed. VIDED. (Distributed)
Jan 20 2021Brief amici curiae of Mi Familia Vota, et al. filed. VIDED. (Distributed)
Jan 22 2021CIRCULATED
Jan 25 2021Motion for divided argument filed by petitioners GRANTED. VIDED.
Jan 25 2021Motion for divided argument filed by respondents GRANTED. VIDED.
Jan 25 2021Record requested from the U.S.C.A. 9th Circuit.
Jan 28 2021Record from the U.S.C.A. 9th Circuit electronic and located on Pacer.
Feb 12 2021Reply of petitioners Mark Brnovich, et al. filed. VIDED. (Distributed)
Feb 12 2021Reply of petitioners Arizona Republican Party, et al. filed. VIDED. (Distributed)
Feb 16 2021Letter from the Acting Solicitor General notifying the Court of the updated position of the United States' from that presented in its amicus curiae brief filed on December 7, 2020 filed. VIDED. (Distributed)
Feb 24 2021USDC, D. Ariz. plaintiffs' exhibits electronically received. VIDED.
Feb 24 2021USDC, D. of Ariz., defendants' exhibits electronically received. VIDED.
Mar 02 2021Argued. For petitioners in 19-1258: Michael A. Carvin, Washington, D. C. For petitioners in 19-1257: Mark Brnovich, Attorney General, Phoenix, Ariz. For respondent Secretary Hobbs: Jessica R. Amunson, Washington, D. C. For respondents DNC, et al.: Bruce V. Spiva, Washington, D. C. VIDED.