Trump v. Wisconsin Elections Commission

Pending petition

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Docket No. Op. Below Argument Opinion Vote Author Term
20-883 7th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether the Wisconsin Elections Commission and local election officials violated Article II, Section 1, clause 2 of the Constitution and the 14th Amendment’s guarantee of equal protection during the 2020 presidential election by implementing unauthorized absentee voting practices in disregard of the Wisconsin Legislature’s explicit command that absentee voting must be “carefully regulated” and that absentee ballots cast outside of the legislature’s authorized procedures “may not be counted;” (2) whether this court should declare the Wisconsin election unconstitutional and void under Article II and thus failed under 3 U.S.C. § 2 and allow the Wisconsin Legislature to appoint its electors; and (3) whether federal courts may rely on the doctrine of laches to avoid reviewing electors clause or equal protection claims arising after absentee balloting began or which could not have reasonably been brought before absentee balloting commenced.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Dec 30 2020Petition for a writ of certiorari filed. (Response due February 3, 2021)
Dec 30 2020Motion to expedite consideration of the petition for a writ of certiorari filed by petitioner.
Jan 11 2021Motion to expedite consideration filed by petitioner DENIED
Jan 15 2021Waiver of right of respondents Wisconsin Elections Commission, et al. to respond filed.
Jan 19 2021Waiver of Satya Rhodes-Conway, Maribeth Witzel-Behl, Scott McDonell of right to respond submitted.
 
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