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On Monday at 9:30 a.m., the court is expected to release orders from the February 21 conference. At 10:00 a.m., the justices will hear oral argument in U.S. Forest Service v. Cowpasture River Preservation Association. Click to read our preview from Noah Sachs.
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Chiafalo v. Washington

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
19-465 Wash. Apr 28, 2020
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 Petitioners, Peter Bret Chiafalo, et al.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.
Feb 11 2020Application for leave to exceed word limits of Peter Bret Chiafalo, et al. submitted.
Feb 11 2020Consent to the filing of amicus briefs received from counsel for Colorado Department of State submitted.
Feb 11 2020Consent to the filing of amicus briefs received from counsel for Washington 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 submitted.
 
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