2020 Election cases still active in the US Supreme Court

This is a list of the election cases still active at SCOTUS. Thanks to SLQ at the Fogbow for adding one I missed. There may be more but this is what I could find yesterday. Three are appeals from state supreme courts. Four are appeals from federal circuit courts.

The only case that might be heard is 20-542. That is the one on the three day extension for receiving mail in ballots in Pennsylvania. Justice Alito issued an order to kept such ballots separated in case plaintiffs prevail. This case will not change the outcome in Pennsylvania.

A link to the docket for each case is provided. If I missed any cases please provide the case number in a comment.

Update January 19, 2021:

Thanks to Marc Elias. I added 20-816, which is the last of the Georgia Kraken cases.

Update February 22, 2021:

The court denied all the remaining petitions except case number 20-883 which is scheduled for conference on March 5. It is an appeal from a case file by Donald Trump against the Wisconsin Elections Commission. Four cases from Pennsylvania were combined and denied with Justices Thomas, Alito, and Gorsuch dissenting.

Updated March 1, 2021:

I added two more Kraken cases one in Arizona and one in Wisconsin that I had missed. Both were denied in the order published today.

Case NumberDescription/Activity
20-542Republican Party of Pennsylvania, Petitioner v. Kathy Boockvar, Secretary of Pennsylvania, et al.
Whether PA Supreme Court erred in allowing votes received up to three days after election day to count
Fully briefed. Distributed for conference 1/15.
Updated: Now distributed for conference on 2/19.
Updated 2/22 Certiorari denied
20-574Jake Corman, et al., Petitioners v. Pennsylvania Democratic Party, et al.
Appeal from the Supreme Court of Pennsylvania filed by Republicans in the Pennsylvania Legislature.
Whether PA Supreme Court erred in allowing votes received up to three days after election day to count
2/22 Certiorari denied
20-740Jim Bognet, et al., Petitioners v. Kathy Boockvar, Secretary of Pennsylvania, et al.
Similar case on 3 day extension except began in federal district court. Appeal from Third Circuit. Distributed for conference on 1/15
Updated 2/22 Certiorari denied.
20-799L. Lin Wood, Jr., Petitioner v. Brad Raffensperger, Georgia Secretary of State, et al.
Appeal from the Eleventh Circuit. December 8th: Petition for a writ of certiorari filed. (Response due January 11, 2021) No response or waiver docketed yet.
Updated 1/27: The case is distributed for conference on 2/19.
Updated 2/22: Certorari Denied
20-809Kelli Ward, Petitioner v. Constance Jackson, et al.
Appeal from Supreme Court of Arizona. Petition for a writ of certiorari filed. (Response due January 14, 2021) No response or waiver on docket. Motion to expedite denied on January 11.
Update on 1/27: Distributed for conference on 2/19.
Updated 2/22: Certiorari Denied
20-815Timothy King, et al., Petitioners v. Gretchen Whitmer, Governor of Michigan, et al.
Appeal from Sixth Circuit. December 11: Petition for a writ of certiorari before judgment filed. (Response due January 14, 2021). Responses from Gov. Whitmer and City of Detroit filed on January 14. Updated 2/3: Distributed for conference on 2/19. Updated 2/22: Certiorari Denied
20-816In Re Coreco Ja’Qan Pearson, et al., Petitioners
Filed December 11th. Petition for a writ of mandamus filed. (Response due January 14, 2021)
January 11th: Motion to expedite denied. January 19th:
Joint Stipulation to Dismiss Appeal of Coreco Ja’Qan Pearson, et al. submitted. This one is dead.
Updated 2/19/2021: Case dismissed on 2/11/2021 under Rule 46 (Voluntary dismissal by all parties involved).
20-845
Donald J. Trump for President, Inc., Petitioner v.
Veronica Degraffenreid, Acting Secretary of Pennsylvania, et al.
Appeal from Supreme Court of Pennsylvania on whether PA Supreme Court erred in allowing votes received up to three days after election day to count. Docketed 12/23.
Response due 1/22/2021.
1/14/2021 Waiver of right to respond filed by Kathy Boockvar Secretary of the Commonwealth of Pennsylvania.
1/27/2021 DISTRIBUTED for Conference of 2/19/2021.
2/22/2021 Petition Denied
20-848In Re Tyler Bowyer, et al., Petitioners
Arizona Kraken case. Petition for writ of mandamus. Docketed 12/29
Updated 3/1/2021 Petition denied.
20-849In Re William Feehan, Petitioner
Wisconsin Kraken case. Petition for writ of mandamus. Docketed 12/29
Updated 3/1/2021 Petition denied.
20-882Donald J. Trump, et al., Petitioners v. Joseph R. Biden, et al.
Appeal from Supreme Court of Wisconsin. December 29: Petition for a writ of certiorari filed. (Response due February 3, 2021). Motion to Expedite denied January 11. January 15:
Waiver of Joseph R. Biden, et al. of right to respond submitted.
Updated 1/25: Distributed for conference on 2/19. Updated 2/22: Certiorari Denied
20-883Donald J. Trump, Petitioner v. Wisconsin Elections Commission, et al.
Appeal from the Seventh Circuit. December 30: Petition for a writ of certiorari filed. (Response due February 3, 2021). January 15: Waiver of Wisconsin Elections Commission, et al. of right to respond submitted.
Update: The DNC and other members of the WEC waived their rights to respond this week, aka the kiss of death. Updated 2/9/2021. Trump’s attorneys filed a supplemental brief claiming that some issues in the case are not moot after Biden’s Inauguration. They are obviously trying to head off a dismissal of the case on mootness.
Updated 2/19/2021: Distributed for conference on 3/5/2021

This entry was posted in Donald Trump, Trump and tagged , , , . Bookmark the permalink.

12 Responses to 2020 Election cases still active in the US Supreme Court

  1. There was some docket activity in case 20-740. Both the DNC and PA SotC Kathy Boockvar asked for 31 day extensions to reply to the plaintiff’s petition. This might be an indication the court has asked for response in this case at the conference today. If granted this would probably push a decision on cert for this case (and 20-542) out towards the end of March.

    These cases were about the three day extension of time to receive mail in ballots ordered by the PA Supreme Court.

  2. John M. Woodman says:

    “Kraken.” You mean calamari?

  3. The order list for the Supreme Court is out for today but I do not see either of the PA cases on it. I will check the docket later today to see if they have been rescheduled again.

    Click to access 012521zor_3f14.pdf

    But … SCOTUS effectively killed two cases on the Emoluments Clause against Trump by sending them back down to the appellate courts with instructions to dismiss as moot.

  4. Cases 20-799 (Lin Wood’s appeal from the 11th Circuit) and 20-882 (Donald Trump’s appeal from the Wisconsin Supreme Court) are now scheduled for conference on 2/19/2021. Since rights for responding have been waived in both cases it is a good bet these are headed towards dismissal. We should know on 2/22.

  5. Paul Jackson says:

    20-883 Has been distributed for conference of 3/5/21.

  6. 4 of the 5 cases that were scheduled for conference on Friday were denied in the order published this morning. Lin Wood’s appeal from the 11th Circuit (Georgia case), Keli Ward’s appeal from the Supreme Court of Arizona, the Michigan Republican Electors’ appeal from the 6th Circuit before judgement, and Donald Trump’s election contest appeal from the Wisconsin Supreme Court were all denied.

    Mysteriously, case 20-542, which is the appeal from from the Republican party’s case against Kathy Boockvar in Pennsylvania and has been scheduled 4 times for conference was not mentioned at all in the Order. I will see if the docket on the case is updated later. It appears the court is kicking the can down the road a 5th time.

  7. Hat tip to John Woodman: The Pennsylvania cases have all been denied. Thomas, Alito and Gorsuch dissented. I will be updating the table and adding a related case I missed.

    • tbfreeman says:

      Here’s today’s order list. At the very end are Thomas’ and Alito’s dissents; Gorsuch joined Alito’s.

      • Yes, I found that later. Thanks.

        When the order list came out I did a quick text search for the PA case numbers. The search failed because they used a different “-” in the dissents. A reader pointed me in the right direction. I have to fix the table.

  8. I updated the table in the article to reflect all the activity yesterday. It turned out there were four separate Pennsylvania cases. The court denied all four.

Leave a Reply (Please see the RC Radio Blog comment policy). Your first comment will be moderated

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s