No. 19-465

Peter B. Chiafalo, Levi Jennet Guerra, and Esther Virginia John v. Washington

Lower Court: Washington
Docketed: 2019-10-09
Status: Judgment Issued
Type: Paid
Amici (3)Relisted (3) Experienced Counsel
Tags: civil-rights constitutional-discretion constitutional-rights due-process electoral-college first-amendment presidential-election presidential-electors standing state-law voting voting-rights
Key Terms:
FirstAmendment JusticiabilityDoctri
Latest Conference: 2020-01-17 (distributed 3 times)
Question Presented (AI Summary)

Whether a State can legally enforce how a presidential elector casts his or her ballot and penalize an elector for exercising constitutional discretion to vote

Question Presented (OCR Extract)

QUESTION PRESENTED A Washington State law threatens a fine for presidential electors who vote contrary to how the law directs. RCW 29A.56.340 (2016). Petitioners are three 2016 presidential electors who were fined under this provision solely because they failed to vote as the law directs, namely for the presidential and_ vicepresidential candidates who won a majority of the popular vote in the State. The question presented is whether enforcement of this law is unconstitutional because: (1) a State has no power to legally enforce how a presidential elector casts his or her ballot; and (2) a State penalizing an elector for exercising his or her constitutional discretion to vote violates the First Amendment.

Docket Entries

2020-08-07
JUDGMENT ISSUED.
2020-08-07
MANDATE ISSUED.
2020-07-06
Adjudged to be AFFIRMED. Kagan, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/19pdf/19-465_i425.pdf'>opinion</a> 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.
2020-05-13
Argued. For petitioners: L. Lawrence Lessig, Cambridge, Mass. For respondent: Noah Purcell, Solicitor General, Olympia, Wash.
2020-05-12
Letter from counsel for petitioner filed. (Distributed)
2020-05-01
Reply of Presidential Electors filed. (Distributed)
2020-04-15
RESCHEDULED FOR ARGUMENT on Wednesday, May 13, 2020.
2020-04-13
Argument to be rescheduled for May 2020.
2020-04-07
Brief amicus curiae of Public Citizen, Inc. filed. (Distributed)
2020-04-03
ORAL ARGUMENT POSTPONED.
2020-04-01
Brief of respondent Washington filed. (Distributed)
2020-03-19
CIRCULATED
2020-03-10
Letter from Clerk of Court to counsel of record noting that Justice Sotomayor will not continue to participate in No. 19-518.
2020-03-10
This 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.
2020-03-03
The record received from the Supreme Court of Washington has been electronically filed.
2020-03-02
Motion to dispense with printing the joint appendix in No. 19-465 GRANTED.
2020-02-26
Record requested from the Supreme Court of Washington.
2020-02-21
SET FOR ARGUMENT on Tuesday, April 28, 2020 (amended March 10, 2020).
2020-02-20
Motion to dispense with printing the joint appendix filed (in 19-465).
2020-02-20
Motion 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.
2020-02-18
Motion of Colorado Department of State for an extension of time to file the joint appendix filed (in 19-518).
2020-02-14
Application (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.
2020-01-27
Petitioners 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.
2020-01-13
DISTRIBUTED for Conference of 1/17/2020.
2019-12-11
DISTRIBUTED for Conference of 1/10/2020.
2019-12-05
Rescheduled.
2019-11-26
DISTRIBUTED for Conference of 12/13/2019.
2019-11-22
Reply of petitioners Peter Bret Chiafalo, et al. filed.
2019-11-08
Brief amicus curiae of Vinz Koller filed.
2019-11-08
Brief of respondent Washington in opposition filed. (February 10, 2020 - PDF with appendix provided)
2019-11-08
Brief of respondent Washington in opposition filed.
2019-11-06
Brief amici curiae of Michael L. Rosin & David G. Post filed.
2019-10-15
Blanket Consent filed by Petitioners, Peter Bret Chiafalo, et al.
2019-10-07
Petition for a writ of certiorari filed. (Response due November 8, 2019)
2019-08-05
Application (19A138) granted by Justice Kagan extending the time to file until October 20, 2019.
2019-08-02
Application (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.

Attorneys

Campaign Legal Center and Issue One
Tobias Samuel Loss-EatonSidley Austin LLP, Amicus
Tobias Samuel Loss-EatonSidley Austin LLP, Amicus
Citizens for Self-Governance
Rita Martin DunawayCitizens for Self-Governance, Amicus
Rita Martin DunawayCitizens for Self-Governance, Amicus
Colorado Department of State
Eric Reuel OlsonSolicitor General, Petitioner
Eric Reuel OlsonSolicitor General, Petitioner
Independence Institute
David Benjamin KopelIndependence Institute, Amicus
David Benjamin KopelIndependence Institute, Amicus
Jerry H. Goldfeder
Jerry H. GoldfederStroock & Stroock & Lavan LLP, Amicus
Jerry H. GoldfederStroock & Stroock & Lavan LLP, Amicus
Making Every Vote Count Foundation
Jerrold Joseph GanzfriedGanzfried Law, Amicus
Jerrold Joseph GanzfriedGanzfried Law, Amicus
Michael L. Rosin & David G. Post
Michael Nicholas DonofrioStris & Maher LLP, Amicus
Michael Nicholas DonofrioStris & Maher LLP, Amicus
Peter Bret Chiafalo, et al.
L. Lawrence LessigEqual Citizens, Petitioner
L. Lawrence LessigEqual Citizens, Petitioner
Professor Derek T. Muller
Ian Seth SpeirNussbaum Speir Gleason PLLC, Amicus
Ian Seth SpeirNussbaum Speir Gleason PLLC, Amicus
Professor Edward B. Foley
Jessica Ring AmunsonJenner & Block LLP, Amicus
Jessica Ring AmunsonJenner & Block LLP, Amicus
Professor Michael T. Morley
Michael T. MorleyFlorida State University College of Law, Amicus
Michael T. MorleyFlorida State University College of Law, Amicus
Professor Robert W. Bennett
Jack Samuel TenenbaumBluhm Legal Clinic, Amicus
Jack Samuel TenenbaumBluhm Legal Clinic, Amicus
Public Citizen, Inc.
Scott Lawrence NelsonPublic Citizen Litigation Group, Amicus
Scott Lawrence NelsonPublic Citizen Litigation Group, Amicus
South Dakota and 44 States and the District of Columbia
Paul S. Swedlund — Amicus
Paul S. Swedlund — Amicus
The Republican National Committee
Michael Eugene TonerWiley, Rein & Fielding, Amicus
Michael Eugene TonerWiley, Rein & Fielding, Amicus
Vinz Koller
Andrew John Dhuey — Amicus
Andrew John Dhuey — Amicus
Washington
Noah Guzzo PurcellOffice of the Attorney General, Respondent
Noah Guzzo PurcellOffice of the Attorney General, Respondent