|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
Issues: (1) Whether the Pennsylvania Supreme Court usurped the Pennsylvania General Assembly’s plenary authority to “direct [the] Manner” for appointing electors for president and vice president under Article II of the Constitution, as well as the assembly’s broad power to prescribe “[t]he Times, Places, and Manner” for congressional elections under Article I, when the court issued a ruling requiring the state to count absentee ballots that arrive up to three days after Election Day as long as they are not clearly postmarked after Election Day; and (2) whether that decision is preempted by federal statutes that establish a uniform nationwide federal Election Day.
|Date||Proceedings and Orders |
|Oct 27 2020||Petition for a writ of certiorari filed. (Response due November 30, 2020)|
|Nov 04 2020||Motion for leave to intervene as a petitioner filed by Donald J. Trump for President, Inc. filed.|
|Nov 04 2020||Response to motion for leave to intervene requested, due Thursday, November 5, 2020, by 5 p.m.|
|Nov 04 2020||Waiver of right of respondent Union County Board of Elections to respond filed.|
|Nov 05 2020||Letter of November 5, 2020 from counsel for petitioners filed.|
|Nov 05 2020||Response to motion to intervene from respondents Secretary of State Kathy Boockvar, et al. filed.|
|Nov 05 2020||Response to motion from respondents Pennsylvania Democratic Party, et al. filed.|
|Nov 05 2020||Response to motion from respondent Luzerne County Board of Elections filed.|
|Nov 05 2020||Response to motion from petitioner Republican Party of Pennsylvania filed.|
|Nov 09 2020||Waiver of right of respondents Carbon County Board of Elections, Monroe County Board of Elections, Pike County Board of Elections, Wayne County Board of Elections, Schuylkill County Board of Elections to respond filed.|
|Nov 09 2020||Brief amici curiae of States of Oklahoma, et al. filed. VIDED.|
|Nov 09 2020||Brief amicus curiae of State of Ohio filed. VIDED.|
|Nov 09 2020||Brief amici curiae of State of Missouri, et al. filed. VIDED.|
|Nov 09 2020||Waiver of right of respondents Clarion County Board of Elections/Tioga County Board of Elections to respond filed.|
|Nov 18 2020||Waiver of right of respondent Potter County Board of Elections to respond filed.|
|Nov 24 2020||Waiver of right of respondents Boards of Elections for Armstrong, Bedford, Blair, Centre, Columbia, Dauphin, Fayette, Huntingdon, Indiana, Lackawanna, Lawrence, Lebanon, Montour, Northumberland, Venango and York Counties to respond filed.|
|Nov 25 2020||Waiver of Boards of Elections for Armstrong, Bedford, Blair, Centre, Columbia, Dauphin, Fayette, Huntingdon, Indiana, Lackawanna, Lawrence, Lebanon, Montour, Northumberland, Venango and York Counties of right to respond not accepted for filing. (December 01, 2020)|
|Nov 30 2020||Brief of respondent Pennsylvania Democratic Party in opposition filed. VIDED.|
|Nov 30 2020||Brief of respondent Luzerne County Board of Elections in opposition filed. VIDED|
|Nov 30 2020||Motion to intervene as respondents filed by Thomas J. Randolph, et al. VIDED.|
|Nov 30 2020||Motion for leave to file amici brief filed by White House Watch Fund, et al.|
|Nov 30 2020||Brief of respondent Secretary of State Kathy Boockvar in opposition filed.|
|Dec 01 2020||Brief of Thomas J. Randolph and C.F. Canavan in opposition not accepted for filing. (December 03, 2020)|
|Dec 14 2020||Reply of petitioners Joseph B. Scarnati, III, et al. filed. (Distributed)|
|Dec 16 2020||DISTRIBUTED for Conference of 1/8/2021.|
|Jan 07 2021||Waiver of right of respondent Allegheny County Board of Elections to respond filed.|
|Jan 11 2021||DISTRIBUTED for Conference of 1/15/2021.|
|Jan 19 2021||DISTRIBUTED for Conference of 1/22/2021.|
|Feb 01 2021||Letter of January 26, 2021 regarding Rule 35.3 Notice received from the petitioners.|
|Feb 12 2021||DISTRIBUTED for Conference of 2/19/2021.|
|Feb 22 2021||Motion for leave to file amici brief filed by White House Watch Fund, et al. GRANTED.|
|Feb 22 2021||Petition DENIED. Justice Thomas, dissenting from the denial of certiorari. (Detached Opinion) Justice Alito, with whom Justice Gorsuch joins, dissenting from the denial of certiorari. (Detached Opinion)|
|Feb 22 2021||Motion of Thomas J. Randolph, et al. to intervene as respondents dismissed as moot.|
|Feb 22 2021||Motion of Donald J. Trump for President, Inc. for leave to intervene as petitioner dismissed as moot.|
Today at the court:
A nuts-and-bolts question of civil procedure. After an appeal is decided, do courts have discretion to limit the administrative “costs” that the prevailing party can recover from the losing party?
Argument begins at 10:00 a.m. EDT.
Justices to consider awards of costs of appellate litigation - SCOTUSblog
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By @StanfordLaw’s Gregory Ablavsky.
Are Alaska Native corporations Indian tribes? A multimillion-dollar question - SCOTUSblog
Are Alaska Native corporations — special corporations that Congress created in 1971 when it resolved Native claims ...
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We've reached the final round of SCOTUS bracketology, and two illustrious chief justices are facing off for the championship. One wrote Marbury v. Madison. The other wrote Brown v. Board. Our full write-up on both finalists is here: https://www.scotusblog.com/2021/04/the-great-chief-and-the-super-chief-a-final-showdown-in-supreme-court-march-madness/
Cast your vote below!
NEW: The Supreme Court will issue opinion(s?) next Thursday April 22. We’re still waiting on decisions in the ACA case and Fulton v. City of Philadelphia about religious liberty and LGBT rights.
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