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Ritter v. Migliori

Petition for a writ of certiorari granted, judgment vacated, and case remanded to the U.S. Court of Appeals for the 3rd Circuit with instructions to dismiss the case as moot under United States v. Munsingwear, Inc. Justices Sotomayor and Jackson would deny the petition for a writ of certiorari.

Docket No. Op. Below Argument Opinion Vote Author Term
22-30 3rd Cir. N/A N/A N/A N/A OT 2022

Issue: Whether the Supreme Court should vacate, under United States v. Munsingwear, Inc., a decision by the U.S. Court of Appeals for the 3rd Circuit holding that a Pennsylvania requirement for voters to sign and date a declaration when they vote by mail is preempted by the materiality provision of the Civil Rights Act of 1964.

DateProceedings and Orders (key to color coding)
05/27/2022Application (21A772) for a stay, submitted to Justice Alito.
05/27/2022Response to application (21A772) requested by Justice Alito, due by noon (EDT), Tuesday, May 31st, 2022.
05/30/2022Motion for Leave to File Amici Curiae Brief in Support of Applicant filed by Doctor Oz for Senate and Dr. Mehmet Oz.
05/31/2022Upon consideration of the application of counsel for the applicant and the responses filed thereto, it is ordered that the mandate of the United States Court of Appeals for the Third Circuit, case No. 22-1499, is hereby stayed pending further order of Justice Alito or of the Court.
05/31/2022Response to application from Bonin, Adam C. Zac Cohen filed.
05/31/2022Response to application from respondent Linda Migliori, et al. filed.
05/31/2022Letter of respondent Lehigh County Board of Elections filed.
06/01/2022Reply of applicant David Ritter filed.
06/02/2022Supplemental letter on behalf of respondents filed.
06/03/2022Supplemental letter of applicant David Ritter filed.
06/09/2022Application (21A772) referred to the Court.
06/09/2022The application (21A772) for stay presented to Justice Alito and by him referred to the Court is denied. The order heretofore entered by Justice Alito is vacated. Justice Alito, with whom Justice Thomas and Justice Gorsuch join, dissenting from the denial of the application for stay. (Detached Opinion)
07/07/2022Petition for a writ of certiorari filed. (Response due August 10, 2022)
07/26/2022Motion to extend the time to file a response from August 10, 2022 to September 4, 2022, submitted to The Clerk.
07/27/2022Motion to extend the time to file a response is granted and the time is extended to and including September 6, 2022, for all respondents. See Rule 30.1
08/02/2022Brief amicus curiae of Honest Elections Project filed.
08/09/2022Brief amicus curiae of Landmark Legal Foundation filed.
08/10/2022Brief amici curiae of Judicial Watch, Inc., et al. filed.
08/10/2022Brief of respondents Lehigh County Board of Elections in support filed.
08/10/2022Brief amicus curiae of Lawyers Democracy Fund filed.
08/10/2022Motion for leave to file amici brief filed by Doctor Oz for Senate, et al.
08/10/2022Motion for leave to file amici brief filed by Speaker of the Pennsylvania House of Representatives, Bryan Cutler, et al.
09/06/2022Brief of respondents Linda Migliori, et al. in opposition filed.
09/06/2022Brief of respondent Zac Cohen in opposition filed.
09/06/2022Waiver of the 14-day waiting period for the distribution of the petition under 15.5 filed by petitioners.
09/09/2022Reply of petitioner David Ritter filed.
09/14/2022DISTRIBUTED for Conference of 10/7/2022.
10/11/2022Motion for leave to file amici brief filed by Speaker of the Pennsylvania House of Representatives, Bryan Cutler, et al. GRANTED.
10/11/2022Motion for leave to file amici brief filed by Doctor Oz for Senate, et al. GRANTED.
10/11/2022Petition GRANTED. Judgment VACATED and case REMANDED with instructions to dismiss the case as moot. See United States v. Munsingwear, Inc., 340 U. S. 36 (1950). Justice Sotomayor and Justice Jackson would deny the petition for a writ of certiorari.
11/14/2022Judgment issued.