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Colorado Department of State v. Baca

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
19-518 10th Cir. TBD 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.”
 
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