Trump v. Biden

Pending petition

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Docket No. Op. Below Argument Opinion Vote Author Term

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.

SCOTUSblog Coverage

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 2021Brief amicus curiae of Todd C. Bank filed.
Jan 11 2021Motion to expedite consideration filed by petitioners DENIED
Jan 15 2021Waiver of Joseph R. Biden, et al. of right to respond submitted.
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