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Colorado Department of State v. Baca

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Docket No. Op. Below Argument Opinion Vote Author Term
19-518 10th Cir. May 13, 2020
Tr.Aud.
TBD TBD TBD OT 2019

Issues: (1) Whether a presidential elector who is prevented by their appointing state from casting an electoral-college ballot that violates state law lacks standing to sue their appointing state because they hold no constitutionally protected right to exercise discretion; and (2) whether Article II or the 12th Amendment forbids a state from requiring its presidential electors to follow the state’s popular vote when casting their electoral-college ballots.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Oct 16 2019Petition for a writ of certiorari filed. (Response due November 20, 2019)
Oct 23 2019Blanket Consent filed by Respondent, Micheal Baca.
Nov 07 2019Motion for leave to file amicus brief filed by Thomas E. Weaver.
Nov 07 2019Blanket Consent filed by Petitioner, Colorado Department of State.
Nov 20 2019Brief of respondent Micheal Baca in support filed.
Nov 20 2019Brief amicus curiae of Michael T. Morley in support of neither party filed.
Nov 20 2019Brief amici curiae of South Dakota, et al. filed.
Nov 20 2019Brief amicus curiae of National Conference of Commissioners on Uniform State Laws filed.
Nov 20 2019Brief amicus curiae of Interested Legal Scholar Robert M. Hardway filed.
Dec 04 2019DISTRIBUTED for Conference of 1/10/2020.
Dec 04 2019Reply of petitioner Colorado Department of State filed.
Jan 13 2020DISTRIBUTED for Conference of 1/17/2020.
Jan 17 2020Motion for leave to file amicus brief filed by Thomas E. Weaver GRANTED.
Jan 17 2020Petition GRANTED. The petition for a writ of certiorari in No. 19-465 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 2020Blanket Consent filed Peter Bret Chiafalo, et al. and Micheal Baca, et al. VIDED.
Feb 11 2020Blanket Consent filed by Colorado Department of State. VIDED.
Feb 11 2020Blanket Consent filed by Washington. 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 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. VIDED.
Feb 18 2020Motion of Colorado Department of State for an extension of time to file the joint appendix in No. 19-518 filed.
Feb 20 2020Motion of Colorado Department of State to extend the time to file the joint appendix in No. 19-518 is granted and the time is extended to and including April 1, 2020.
Feb 21 2020SET FOR ARGUMENT on Tuesday, April 28, 2020 (amended March 10, 2020).
Feb 26 2020Record requested from the U.S.C.A. 10th Circuit.
Feb 26 2020The record of the USCA 10th Circuit is available on PACER.
Mar 02 2020Brief of Presidential Electors filed. VIDED.
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 Michael T. Morley in support of neither party filed. VIDED.
Mar 10 2020This case in no longer consolidated with No. 19-465, Chiafalo v. Washington, and one hour is allotted for oral argument in this case. Justice Sotomayor took no part in the consideration of this order.
Mar 10 2020Letter from Clerk of Court to counsel of record noting that Justice Sotomayor will not continue to participate in this case.
Mar 19 2020CIRCULATED
Apr 01 2020Motion to dispense with printing the joint appendix filed by petitioner.
Apr 01 2020Brief of Colorado Department of State filed. (Distributed)
Apr 02 2020Brief amici curiae of Presidential Electors Mary Beth Corsentino, Stratton Rollins Heath, Jr., and Celeste Landry filed. (Distributed)
Apr 03 2020ORAL ARGUMENT POSTPONED.
Apr 08 2020Amicus brief of The Colorado Democratic Party not accepted for filing. (April 08, 2020)
Apr 08 2020Brief amicus curiae of The Colorado Democratic Party filed. (Distributed)
Apr 08 2020Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed. (Distributed)
Apr 08 2020Brief amicus curiae of Colorado Republican Committee 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 Interested Legal Scholar filed. (Distributed)
Apr 08 2020Brief amicus curiae of The Republican National Committee filed. VIDED. (Distributed)
Apr 08 2020Brief amicus curiae of National Conference of Commissioners on Uniform State Laws filed. (Distributed)
Apr 13 2020Argument to be rescheduled for May 2020.
Apr 15 2020RESCHEDULED FOR ARGUMENT on Wednesday, May 13, 2020.
Apr 20 2020Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
May 01 2020Reply of Presidential Electors Baca, et al. filed. (Distributed)
May 13 2020Argued. For petitioner: Philip J. Weiser, Attorney General, Denver, Colo. For respondents: Jason Harrow, Los Angeles, Cal.
 
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