Question Presented (AI Summary)
Whether a presidential elector who is prevented by their appointing State from casting an Electoral College ballot that violates state law lacks standing to sue their appointing State because they hold no constitutionally protected right to exercise discretion
Question Presented (OCR Extract)
QUESTIONS PRESENTED Like most States, Colorado requires its presidential electors to follow the will of its voters when casting their Electoral College ballots for President. In the 2016 Electoral College, one of Colorado’s electors violated Colorado law by attempting to cast his presidential ballot for a candidate other than the one he pledged to vote for. Colorado removed him as an elector, declined to accept his ballot, and replaced him with an alternate elector who properly cast her ballot for the winner of the State’s popular vote, consistent with Colorado law. The removed elector later sued Colorado for nominal damages. The questions presented are: 1. Whether a presidential elector who is prevented by their appointing State from casting an Electoral College ballot that violates state law lacks standing to sue their appointing State because they hold no constitutionally protected right to exercise discretion. 2. Does Article II or the Twelfth Amendment forbid a State from requiring its presidential electors to follow the State’s popular vote when casting their Electoral College ballots.
Docket Entries
2020-08-07
JUDGMENT ISSUED.
2020-07-06
Judgment REVERSED for the reasons set forth in <i>Chiafalo</i> v. <i>Washington</i>, 591 U. S. ___ (2020). <a href = 'https://www.supremecourt.gov/opinions/19pdf/19-518_6k47.pdf'>Opinion</a> per curiam. Justice Sotomayor took no part in the decision of this case. Justice Thomas concurs in the judgment for the reasons stated in his separate <a href = 'https://www.supremecourt.gov/opinions/19pdf/19-465_i425.pdf'>opinion</a> in <i>Chiafalo</i> v. <i>Washington</i>, 591 U. S. ___ (2020).
2020-05-13
Argued. For petitioner: Philip J. Weiser, Attorney General, Denver, Colo. For respondents: Jason Harrow, Los Angeles, Cal.
2020-05-01
Reply of Presidential Electors Baca, et al. filed. (Distributed)
2020-04-20
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
2020-04-15
RESCHEDULED FOR ARGUMENT on Wednesday, May 13, 2020.
2020-04-13
Argument to be rescheduled for May 2020.
2020-04-08
Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed. (Distributed)
2020-04-08
Brief amicus curiae of The Colorado Democratic Party filed. (Distributed)
2020-04-08
Brief amicus curiae of Colorado Republican Committee filed. (Distributed)
2020-04-08
Brief amicus curiae of Interested Legal Scholar filed. (Distributed)
2020-04-08
Brief amicus curiae of National Conference of Commissioners on Uniform State Laws filed. (Distributed)
2020-04-03
ORAL ARGUMENT POSTPONED.
2020-04-02
Brief amici curiae of Presidential Electors Mary Beth Corsentino, Stratton Rollins Heath, Jr., and Celeste Landry filed. (Distributed)
2020-04-01
Motion to dispense with printing the joint appendix filed by petitioner.
2020-04-01
Brief of Colorado Department of State filed. (Distributed)
2020-03-10
Letter from Clerk of Court to counsel of record noting that Justice Sotomayor will not continue to participate in this case.
2020-03-10
This case in no longer consolidated with No. 19-465, Chiafalo v. Washington, and one hour is allotted for oral argument in this case. Justice Sotomayor took no part in the consideration of this order.
2020-02-26
The record of the USCA 10th Circuit is available on PACER.
2020-02-26
Record requested from the U.S.C.A. 10th Circuit.
2020-02-21
SET FOR ARGUMENT on Tuesday, April 28, 2020 (amended March 10, 2020).
2020-02-20
Motion of Colorado Department of State to extend the time to file the joint appendix in 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 in No. 19-518 filed.
2020-01-17
Motion for leave to file amicus brief filed by Thomas E. Weaver GRANTED.
2020-01-13
DISTRIBUTED for Conference of 1/17/2020.
2019-12-04
Reply of petitioner Colorado Department of State filed.
2019-12-04
DISTRIBUTED for Conference of 1/10/2020.
2019-11-20
Brief amicus curiae of Interested Legal Scholar Robert M. Hardway filed.
2019-11-20
Brief amicus curiae of National Conference of Commissioners on Uniform State Laws filed.
2019-11-20
Brief amici curiae of South Dakota, et al. filed.
2019-11-20
Brief amicus curiae of Michael T. Morley in support of neither party filed.
2019-11-20
Brief of respondent Micheal Baca in support filed.
2019-11-07
Blanket Consent filed by Petitioner, Colorado Department of State.
2019-11-07
Motion for leave to file amicus brief filed by Thomas E. Weaver.
2019-10-23
Blanket Consent filed by Respondent, Micheal Baca.
2019-10-16
Petition for a writ of certiorari filed. (Response due November 20, 2019)
Attorneys
Campaign Legal Center and Issue One
Citizens for Self-Governance
Colorado Department of State
Colorado Republican Committee
Eagle Forum Education & Legal Defense Fund
Making Every Vote Count Foundation
National Conference of Commissioners on Uniform State Laws
Presidential Electors Mary Beth Corsentino, Stratton Rollins Heath, Jr., and Celeste Landry
Professor Derek T. Muller
Professor Edward B. Foley
Professor Robert W. Bennett
South Dakota and 44 States and the District of Columbia
The Colorado Democratic Party
The Republican National Committee