Andino v. Middleton
Application for stay granted in part on Oct. 5, 2020
Issue
Whether the Supreme Court should stay, pending appeal, an order by the U.S. District Court for the District of South Carolina enjoining South Carolina's enforcement of a requirement that mail-in ballots for the 2020 election be verified by a signature in the presence of another individual, or "witness," in light of the coronavirus pandemic.
Oct 1, 2020Application (20A55) for a stay, submitted to The Chief Justice.
Oct 1, 2020Response to application (20A55) requested by The Chief Justice, due Saturday, October 3, 2020, by 2 p.m. ET.
Oct 3, 2020Response to application from respondents Kylon Middleton, et al. filed.Oct 3, 2020Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by District of Columbia, et al.Oct 3, 2020Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by AARP, et al.Oct 3, 2020Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Mary Thomas, et al.Oct 4, 2020Reply of applicants Marci Andino, et al. filed.Oct 5, 2020Application (20A55) referred to the Court.
Oct 5, 2020Application (20A55) granted in part by the Court. The application for stay presented to THE CHIEF JUSTICE and by him referred to the Court is granted in part, and the district court’s September 18, 2020 order granting a prelim-inary injunction is stayed pending disposition of the appeal in the United States Court of Appeals for the Fourth Circuit and disposition of the petition for a writ of certiorari, if such writ is timely sought. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judg-ment of this Court.
The order is stayed except to the extent that any ballots cast before this stay issues and received within two days of this order may not be rejected for failing to comply with the witness requirement.
JUSTICE THOMAS, JUSTICE ALITO, and JUSTICE GORSUCH would grant the application in full.
JUSTICE KAVANAUGH, concurring in grant of application for stay. (Detached Opinion).
Recommended Citation: Andino v. Middleton, SCOTUSblog, https://www.scotusblog.com/cases/andino-v-middleton/