Scarnati v. Pennsylvania Democratic Party

Pending petition

Linked with:

Docket No. Op. Below Argument Opinion Vote Author Term
20-574 Pa. TBD TBD TBD TBD TBD

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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Oct 27 2020Petition for a writ of certiorari filed. (Response due November 30, 2020)
Nov 04 2020Motion for leave to intervene as a petitioner filed by Donald J. Trump for President, Inc. filed.
Nov 04 2020Response to motion for leave to intervene requested, due Thursday, November 5, 2020, by 5 p.m.
Nov 04 2020Waiver of right of respondent Union County Board of Elections to respond filed.
Nov 05 2020Letter of November 5, 2020 from counsel for petitioners filed.
Nov 05 2020Response to motion to intervene from respondents Secretary of State Kathy Boockvar, et al. filed.
Nov 05 2020Response to motion from respondents Pennsylvania Democratic Party, et al. filed.
Nov 05 2020Response to motion from respondent Luzerne County Board of Elections filed.
Nov 05 2020Response to motion from petitioner Republican Party of Pennsylvania filed.
Nov 09 2020Waiver 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 2020Brief amici curiae of States of Oklahoma, et al. filed. VIDED.
Nov 09 2020Brief amicus curiae of State of Ohio filed. VIDED.
Nov 09 2020Brief amici curiae of State of Missouri, et al. filed. VIDED.
Nov 09 2020Waiver of right of respondents Clarion County Board of Elections/Tioga County Board of Elections to respond filed.
Nov 18 2020Waiver of right of respondent Potter County Board of Elections to respond filed.
Nov 24 2020Waiver 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 2020Waiver 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 2020Brief of respondent Pennsylvania Democratic Party in opposition filed. VIDED.
Nov 30 2020Brief of respondent Luzerne County Board of Elections in opposition filed. VIDED
Nov 30 2020Motion to Intervene as Respondent filed by Thomas J. Randolph and C.F. Canavan. VIDED.
Nov 30 2020Motion for leave to file amici brief filed by White House Watch Fund a project of United States Public Policy Council, et al.
Nov 30 2020Brief of respondent Secretary of State Kathy Boockvar in opposition filed.
Dec 01 2020Brief of Thomas J. Randolph and C.F. Canavan in opposition not accepted for filing. (December 03, 2020)
Dec 14 2020Reply of petitioners Joseph B. Scarnati, III, et al. filed. (Distributed)
Dec 16 2020DISTRIBUTED for Conference of 1/8/2021.
Jan 07 2021Waiver of right of respondent Allegheny County Board of Elections to respond filed.
Jan 11 2021DISTRIBUTED for Conference of 1/15/2021.
Jan 19 2021DISTRIBUTED for Conference of 1/22/2021.
 
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