Chiafalo v. Washington
Holding
A state may enforce an elector's pledge to support their party's nominee, and the state voters' choice, for president in the Electoral College.
Judgment
Affirmed, 9-0, in an opinion by Elena Kagan on Jul 6, 2020. Justice Thomas filed an opinion concurring in the judgment, in which Justice Gorsuch joined as to part II.
Aug 2, 2019Application (19A138) to extend the time to file a petition for a writ of certiorari from August 21, 2019 to October 20, 2019, submitted to Justice Kagan.
Aug 5, 2019Application (19A138) granted by Justice Kagan extending the time to file until October 20, 2019.
Oct 7, 2019Petition for a writ of certiorari filed. (Response due November 8, 2019)Oct 15, 2019Blanket Consent filed by Petitioners, Peter Bret Chiafalo, et al.Nov 6, 2019Amicus brief of Michael L. Rosin & David G. Post not accepted for filing. (November 06, 2019) (Corrected efiling submitted)
Nov 6, 2019Brief amici curiae of Michael L. Rosin & David G. Post filed.Nov 8, 2019Brief of respondent Washington in opposition filed.Nov 8, 2019Brief of respondent Washington in opposition filed. (February 10, 2020 - PDF with appendix provided)Nov 8, 2019Brief amicus curiae of Vinz Koller filed.Nov 22, 2019Reply of petitioners Peter Bret Chiafalo, et al. filed.Nov 26, 2019DISTRIBUTED for Conference of 12/13/2019.
Dec 5, 2019Rescheduled.
Dec 11, 2019DISTRIBUTED for Conference of 1/10/2020.
Jan 13, 2020DISTRIBUTED for Conference of 1/17/2020.
Jan 17, 2020Petition GRANTED. The petition for a writ of certiorari in No. 19-518 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Jan 17, 2020Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-465. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-465. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Jan 27, 2020Petitioners in No. 19-465 and respondents in No. 19-518 shall file opening and reply briefs on the merits under the schedule set forth in Rules 25.1 and 25.3. Respondent in No. 19-465 and petitioner in No. 19-518 shall file response briefs on the merits under the schedule set forth in Rule 25.2.
Jan 27, 2020Blanket Consent filed by Peter Bret Chiafalo, et al., and Micheal Baca, et al. VIDED.Feb 11, 2020Blanket Consent filed by Colorado Department of State. VIDED.Feb 11, 2020Application (19A894) of Presidential Electors to file a consolidated opening brief on the merits in excess of the word limit, submitted to Justice Sotomayor. VIDED.Feb 11, 2020Blanket Consent filed by Washington. VIDED.Feb 14, 2020Application (19A894) of Presidential Electors to file a consolidated opening brief on the merits in excess of the word limit is granted by Justice Sotomayor provided that the brief does not exceed 16,000 words.
Feb 18, 2020Motion of Colorado Department of State for an extension of time to file the joint appendix filed (in 19-518).Feb 20, 2020Motion of Colorado Department of State to extend the time to file the joint appendix as to No. 19-518 is granted and the time is extended to and including April 1, 2020.
Feb 20, 2020Motion to dispense with printing the joint appendix filed (in 19-465).Feb 21, 2020SET FOR ARGUMENT on Tuesday, April 28, 2020 (amended March 10, 2020).
Feb 26, 2020Record requested from the Supreme Court of Washington.
Mar 2, 2020Motion to dispense with printing the joint appendix in No. 19-465 GRANTED.
Mar 2, 2020Brief of Presidential Electors filed. VIDED.Mar 3, 2020The record received from the Supreme Court of Washington has been electronically filed.
Mar 5, 2020Brief amicus curiae of Citizens for Self-Governance filed. VIDED.Mar 6, 2020Brief amicus curiae of Professor Derek T. Muller in support of neither party filed. VIDED.Mar 6, 2020Brief amici curiae of Michael L. Rosin, et al. filed. VIDED.Mar 6, 2020Brief amicus curiae of Independence Institute filed. VIDEDMar 9, 2020Brief amicus curiae of Professor Edward B. Foley in support of neither party filed. VIDEDMar 9, 2020Brief amicus curiae of Jerry H. Goldfeder filed. VIDED.Mar 9, 2020Brief amicus curiae of Making Every Vote Count Foundation in support of neither party filed. VIDED.Mar 9, 2020Brief amicus curiae of Vinz Koller filed. VIDED.Mar 9, 2020Brief amicus curiae of Professor Michael T. Morley in support of neither party filed. VIDED.Mar 10, 2020This case is no longer consolidated with No. 19-518, CO Dept. of State v. Baca, and one hour is allotted for oral argument in this case.
Mar 10, 2020Letter from Clerk of Court to counsel of record noting that Justice Sotomayor will not continue to participate in No. 19-518.Mar 19, 2020CIRCULATED
Apr 1, 2020Brief of respondent Washington filed. (Distributed)Apr 3, 2020ORAL ARGUMENT POSTPONED.
Apr 7, 2020Brief amicus curiae of Public Citizen, Inc. filed. (Distributed)Apr 8, 2020Brief amici curiae of South Dakota and 44 States and the District of Columbia filed. VIDED. (Distributed)Apr 8, 2020Brief amici curiae of Campaign Legal Center and Issue One filed. VIDED. (Distributed)Apr 8, 2020Brief amicus curiae and appendix of Professor Robert W. Bennett filed. VIDED. (Distributed)Apr 8, 2020Brief amicus curiae of The Republican National Committee filed. VIDED. (Distributed)Apr 13, 2020Argument to be rescheduled for May 2020.
Apr 15, 2020RESCHEDULED FOR ARGUMENT on Wednesday, May 13, 2020.
May 1, 2020Reply of Presidential Electors filed. (Distributed)May 12, 2020Letter from counsel for petitioner filed. (Distributed)May 13, 2020Argued. For petitioners: L. Lawrence Lessig, Cambridge, Mass. For respondent: Noah Purcell, Solicitor General, Olympia, Wash.
Jul 6, 2020Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Alito, Sotomayor, Gorsuch, and Kavanaugh, JJ., joined. Thomas, J. filed an opinion concurring in the judgment, in which Gorsuch, J., joined as to Part II.
Aug 7, 2020MANDATE ISSUED.
Aug 7, 2020JUDGMENT ISSUED.
Recommended Citation: Chiafalo v. Washington, SCOTUSblog, https://www.scotusblog.com/cases/chiafalo-v-washington/