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Trump v. Biden

Petition for certiorari denied on February 22, 2021
Docket No. Op. Below Argument Opinion Vote Author Term
20-882 Wis. N/A N/A N/A N/A OT 2020

Issues: (1) Whether it violates Article II of the Constitution, as well as the First and 14th Amendments, for state courts, on review of a post-election challenge to the specific ballots cast in a presidential election, to invoke the non-statutory, judge-made doctrine of laches to require the counting of ballots that the legislature has expressly directed “may not be counted;” (2) whether the Wisconsin Supreme Court violated Article II by upholding the counting of 50,125 absentee ballots cast in two counties pursuant to the decisions of election officials to ignore or circumvent state statutes requiring that absentee ballots be delivered only by mail or by hand delivery to the clerk, that photo ID be supplied to obtain an absentee ballot (with limited, inapplicable exceptions), and that absentee-ballot envelopes must contain all statutorily required information and may not be altered once delivered; and (3) whether this court should set aside the election result in Wisconsin, as not produced in the “Manner” directed by the legislature, and hence as “failed” within the meaning of 3 U.S.C. § 2, thus affording the Wisconsin Legislature explicit statutory authority to appoint presidential electors to represent Wisconsin.

DateProceedings and Orders (key to color coding)
Dec 29 2020Petition for a writ of certiorari filed. (Response due February 3, 2021)
Dec 29 2020Motion to expedite consideration of the petition for a writ of certiorari filed by petitioners.
Jan 04 2021Amicus brief of Todd C. Bank not accepted for filing. (Brief rejected and docket corrected January 19, 2021)
Jan 11 2021Motion to expedite consideration filed by petitioners DENIED
Jan 15 2021Waiver of right of respondents Ann S. Jacobs, et al. to respond filed.
Jan 19 2021Amicus brief of Todd C. Bank not accepted for filing. (February 17, 2021)
Jan 20 2021Waiver of right of respondents Dane County Clerk and Dane County Board of Canvassers to respond filed.
Jan 21 2021Waiver of right of respondents Joseph R. Biden and Kamala D. Harris to respond filed.
Jan 25 2021Waiver of right of respondents Milwaukee County Clerk, Milwaukee County Board of Canvassers to respond filed.
Jan 27 2021DISTRIBUTED for Conference of 2/19/2021.
Feb 17 2021Amicus brief of Todd C. Bank not accepted for filing. (February 18, 2021)
Feb 18 2021Amicus brief of Todd C. Bank not accepted for filing. (March 10, 2021)
Feb 22 2021Petition DENIED.
Mar 15 2021Amicus brief of Todd C. Bank not accepted for filing. (March 25, 2021)
Mar 26 2021Amicus brief of Todd C. Bank submitted.