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Chiafalo v. Washington

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Docket No. Op. Below Argument Opinion Vote Author Term
19-465 Wash. May 13, 2020
Tr.Aud.
TBD TBD TBD OT 2019

Issue: Whether enforcement of a Washington state law that threatens a fine for presidential electors who vote contrary to how the law directs is unconstitutional because a state has no power to legally enforce how a presidential elector casts his or her ballot and a state penalizing an elector for exercising his or her constitutional discretion to vote violates the First Amendment.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Aug 02 2019Application (19A138) to extend the time to file a petition for a writ of certiorari from August 21, 2019 to October 20, 2019, submitted to Justice Kagan.
Aug 05 2019Application (19A138) granted by Justice Kagan extending the time to file until October 20, 2019.
Oct 07 2019Petition for a writ of certiorari filed. (Response due November 8, 2019)
Oct 15 2019Blanket Consent filed by Petitioners, Peter Bret Chiafalo, et al.
Nov 06 2019Amicus brief of Michael L. Rosin & David G. Post not accepted for filing. (November 06, 2019) (Corrected efiling submitted)
Nov 06 2019Brief amici curiae of Michael L. Rosin & David G. Post filed.
Nov 08 2019Brief of respondent Washington in opposition filed.
Nov 08 2019Brief of respondent Washington in opposition filed. (February 10, 2020 - PDF with appendix provided)
Nov 08 2019Brief amicus curiae of Vinz Koller filed.
Nov 22 2019Reply of petitioners Peter Bret Chiafalo, et al. filed.
Nov 26 2019DISTRIBUTED for Conference of 12/13/2019.
Dec 05 2019Rescheduled.
Dec 11 2019DISTRIBUTED for Conference of 1/10/2020.
Jan 13 2020DISTRIBUTED for Conference of 1/17/2020.
Jan 17 2020Petition GRANTED. The petition for a writ of certiorari in No. 19-518 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Jan 17 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. 19-465. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-465. 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.”
Jan 27 2020Petitioners in No. 19-465 and respondents in No. 19-518 shall file opening and reply briefs on the merits under the schedule set forth in Rules 25.1 and 25.3. Respondent in No. 19-465 and petitioner in No. 19-518 shall file response briefs on the merits under the schedule set forth in Rule 25.2.
Jan 27 2020Blanket Consent filed by Peter Bret Chiafalo, et al., and Micheal Baca, et al. VIDED.
Feb 11 2020Blanket Consent filed by Colorado Department of State. VIDED.
Feb 11 2020Application (19A894) of Presidential Electors to file a consolidated opening brief on the merits in excess of the word limit, submitted to Justice Sotomayor. VIDED.
Feb 11 2020Blanket Consent filed by Washington. VIDED.
Feb 11 2020Application for leave to exceed word limits of Peter Bret Chiafalo, et al. submitted.
Feb 14 2020Application (19A894) of Presidential Electors to file a consolidated opening brief on the merits in excess of the word limit is granted by Justice Sotomayor provided that the brief does not exceed 16,000 words.
Feb 18 2020Motion of Colorado Department of State for an extension of time to file the joint appendix filed (in 19-518).
Feb 20 2020Motion of Colorado Department of State to extend the time to file the joint appendix as to No. 19-518 is granted and the time is extended to and including April 1, 2020.
Feb 20 2020Motion to dispense with printing the joint appendix filed (in 19-465).
Feb 21 2020SET FOR ARGUMENT on Tuesday, April 28, 2020 (amended March 10, 2020).
Feb 26 2020Record requested from the Supreme Court of Washington.
Mar 02 2020Motion to dispense with printing the joint appendix in No. 19-465 GRANTED.
Mar 02 2020Brief of Presidential Electors filed. VIDED.
Mar 03 2020The record received from the Supreme Court of Washington has been electronically filed.
Mar 05 2020Brief amicus curiae of Citizens for Self-Governance filed. VIDED.
Mar 06 2020Brief amicus curiae of Professor Derek T. Muller in support of neither party filed. VIDED.
Mar 06 2020Brief amici curiae of Michael L. Rosin, et al. filed. VIDED.
Mar 06 2020Brief amicus curiae of Independence Institute filed. VIDED
Mar 09 2020Brief amicus curiae of Professor Edward B. Foley in support of neither party filed. VIDED
Mar 09 2020Brief amicus curiae of Jerry H. Goldfeder filed. VIDED.
Mar 09 2020Brief amicus curiae of Making Every Vote Count Foundation in support of neither party filed. VIDED.
Mar 09 2020Brief amicus curiae of Vinz Koller filed. VIDED.
Mar 09 2020Brief amicus curiae of Professor Michael T. Morley in support of neither party filed. VIDED.
Mar 10 2020This case is no longer consolidated with No. 19-518, CO Dept. of State v. Baca, and one hour is allotted for oral argument in this case.
Mar 10 2020Letter from Clerk of Court to counsel of record noting that Justice Sotomayor will not continue to participate in No. 19-518.
Mar 19 2020CIRCULATED
Apr 01 2020Brief of respondent Washington filed. (Distributed)
Apr 03 2020ORAL ARGUMENT POSTPONED.
Apr 07 2020Brief amicus curiae of Public Citizen, Inc. filed. (Distributed)
Apr 08 2020Brief amici curiae of South Dakota and 44 States and the District of Columbia filed. VIDED. (Distributed)
Apr 08 2020Brief amici curiae of Campaign Legal Center and Issue One filed. VIDED. (Distributed)
Apr 08 2020Brief amicus curiae and appendix of Professor Robert W. Bennett filed. VIDED. (Distributed)
Apr 08 2020Brief amicus curiae of The Republican National Committee filed. VIDED. (Distributed)
Apr 13 2020Argument to be rescheduled for May 2020.
Apr 15 2020RESCHEDULED FOR ARGUMENT on Wednesday, May 13, 2020.
May 01 2020Reply of petitioners Peter Bret Chiafalo, et al. filed. (Distributed)
May 12 2020Letter from counsel for petitioner filed. (Distributed)
May 13 2020Argued. For petitioners: L. Lawrence Lessig, Cambridge, Mass. For respondent: Noah Purcell, Solicitor General, Olympia, Wash.
 
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