No. 20-574

Jake Corman, et al. v. Pennsylvania Democratic Party, et al.

Lower Court: Pennsylvania
Docketed: 2020-10-30
Status: Denied
Type: Paid
Amici (2)Response WaivedRelisted (4) Experienced Counsel
Tags: constitutional-authority election-deadlines election-integrity election-law election-procedures elections-clause intervention judicial-interpretation legislative-power mail-in-ballots presidential-electors
Key Terms:
JusticiabilityDoctri
Latest Conference: 2021-02-19 (distributed 4 times)
Related Cases: 20-542 (Vide)
Question Presented (AI Summary)

Whether the Pennsylvania Supreme Court majority violated the United States Constitution by usurping the Pennsylvania General Assembly's plenary authority

Question Presented (OCR Extract)

QUESTIONS PRESENTED Just last year, the Pennsylvania General Assembly, consistent with the authority vested in it by the United States Constitution, enacted a statute unambiguously requiring that absentee and mail-in ballots be received by Election Day. Replacing that duly and recently enacted bipartisan policy decision with one entirely of its own making, a 4-3 majority of the Pennsylvania Supreme Court extended the received-by deadline for absentee and mail-in ballots until three days after Election Day. This same narrow majority of the Pennsylvania Supreme Court also required election officials to presume that ballots lacking legible postmarks received during this extended deadline were mailed by Election Day, rather than afterwards. While doing this, the Pennsylvania Supreme Court inexplicably and erroneously denied a motion for intervention by the leaders of the Pennsylvania House _ of Representatives, who were seeking to intervene on behalf of the majority caucus of the Pennsylvania House of Representatives, one of the very bodies directly harmed by the courts decision. The important federal questions presented by this case are: 1. Whether the Pennsylvania Supreme Court majority violated the United States Constitution by usurping the Pennsylvania General Assembly’s plenary authority to “direct [the] Manner” for appointing electors for President and Vice President, U.S. Const. art. II, § 1, cl. 2, and its broad power to prescribe “[t]he Times, Places, and Manner” for congressional elections, id. art. I, § 4, cl. 1. ii 2. Whether the majority's extension and presumption conflict with and are preempted by federal statutes that establish a uniform nationwide federal Election Day. See 2 U.S.C. §§ 1, 7; 3 U.S.C. § 1. The questions presented in this Petition are identical to those presented by the Republican Party of Pennsylvania in its Petition for a Writ of Certiorari in Republican Party of Pennsylvania v. Boockvar, No. 20-542 (filed Oct. 23, 2020).

Docket Entries

2021-02-22
Motion of Donald J. Trump for President, Inc. for leave to intervene as petitioner dismissed as moot.
2021-02-22
Motion of Thomas J. Randolph, et al. to intervene as respondents dismissed as moot.
2021-02-22
Petition DENIED. Justice Thomas, dissenting from the denial of certiorari. (Detached Opinion) Justice Alito, with whom Justice Gorsuch joins, dissenting from the denial of certiorari. (Detached Opinion)
2021-02-22
Motion for leave to file amici brief filed by White House Watch Fund, et al. GRANTED.
2021-02-12
DISTRIBUTED for Conference of 2/19/2021.
2021-02-01
Letter of January 26, 2021 regarding Rule 35.3 Notice received from the petitioners.
2021-01-19
DISTRIBUTED for Conference of 1/22/2021.
2021-01-11
DISTRIBUTED for Conference of 1/15/2021.
2021-01-07
Waiver of right of respondent Allegheny County Board of Elections to respond filed.
2020-12-16
DISTRIBUTED for Conference of 1/8/2021.
2020-12-14
Reply of petitioners Joseph B. Scarnati, III, et al. filed. (Distributed)
2020-11-30
Brief of respondent Secretary of State Kathy Boockvar in opposition filed.
2020-11-30
Motion for leave to file amici brief filed by White House Watch Fund, et al.
2020-11-24
Waiver of right of respondents Boards of Elections for Armstrong, Bedford, Blair, Centre, Columbia, Dauphin, Fayette, Huntingdon, Indiana, Lackawanna, Lawrence, Lebanon, Montour, Northumberland, Venango and York Counties to respond filed.
2020-11-18
Waiver of right of respondent Potter County Board of Elections to respond filed.
2020-11-09
Waiver of right of respondents Carbon County Board of Elections, Monroe County Board of Elections, Pike County Board of Elections, Wayne County Board of Elections, Schuylkill County Board of Elections to respond filed.
2020-11-09
Waiver of right of respondents Clarion County Board of Elections/Tioga County Board of Elections to respond filed.
2020-11-05
Response to motion from petitioner Republican Party of Pennsylvania filed.
2020-11-05
Response to motion from respondent Luzerne County Board of Elections filed.
2020-11-05
Response to motion from respondents Pennsylvania Democratic Party, et al. filed.
2020-11-05
Response to motion to intervene from respondents Secretary of State Kathy Boockvar, et al. filed.
2020-11-05
Letter of November 5, 2020 from counsel for petitioners filed.
2020-11-04
Waiver of right of respondent Union County Board of Elections to respond filed.
2020-11-04
Response to motion for leave to intervene requested, due Thursday, November 5, 2020, by 5 p.m.
2020-11-04
Motion for leave to intervene as a petitioner filed by Donald J. Trump for President, Inc. filed.
2020-10-27
Petition for a writ of certiorari filed. (Response due November 30, 2020)

Attorneys

Adams County Board of Elections
Molly Ruth MuddAdams County Solicitor's Office, Respondent
Molly Ruth MuddAdams County Solicitor's Office, Respondent
Allegheny County Board of Elections
Allan Joseph Opsitnick — Respondent
Allan Joseph Opsitnick — Respondent
Boards of Elections for Armstrong, Bedford, Blair, Centre, Columbia, Dauphin, Fayette, Huntingdon, Indiana, Lackawanna, Lawrence, Lebanon, Montour, Northumberland, Venango and York Counties
Molly Elizabeth MeachamBabst Calland Clements and Zomnir, PC, Respondent
Molly Elizabeth MeachamBabst Calland Clements and Zomnir, PC, Respondent
Carbon County Board of Elections, Monroe County Board of Elections, Pike County Board of Elections, Wayne County Board of Elections, Schuylkill County Board of Elections
Gerard Joseph GeigerNewman, Williams, et al., Respondent
Gerard Joseph GeigerNewman, Williams, et al., Respondent
Clarion County Board of Elections/Tioga County Board of Elections
Stephanie L. FeraCafardi Ferguson Wyrick Weis & Gabriel, LLC, Respondent
Stephanie L. FeraCafardi Ferguson Wyrick Weis & Gabriel, LLC, Respondent
Donald J. Trump for President, Inc.
Jay Alan SekulowConstitutional Litigation and Advocacy Group, P.C., Amicus
Jay Alan SekulowConstitutional Litigation and Advocacy Group, P.C., Amicus
Jake Corman, et al.
Jason Brett TorchinskyHoltzman Vogel Josefiak Torchinsky PLLC, Petitioner
Jason Brett TorchinskyHoltzman Vogel Josefiak Torchinsky PLLC, Petitioner
Luzerne County Board of Elections
Joseph Matthias CosgroveSelingo Guagliardo LLC, Respondent
Joseph Matthias CosgroveSelingo Guagliardo LLC, Respondent
Pennsylvania Democratic Party
Donald B. Verrilli Jr.Munger, Tolles & Olson LLP, Respondent
Donald B. Verrilli Jr.Munger, Tolles & Olson LLP, Respondent
Potter County Board of Elections
Thomas R ShafferGlassmire and Shaffer Law Offices, P.C., Respondent
Thomas R ShafferGlassmire and Shaffer Law Offices, P.C., Respondent
Republican Party of Pennsylvania
John Matthew GoreJones Day, Petitioner
John Matthew GoreJones Day, Petitioner
State of Missouri
D. John SauerOffice of the Attorney General, Amicus
D. John SauerOffice of the Attorney General, Amicus
State of Ohio
Benjamin Michael FlowersOhio Attorney General Dave Yost, Amicus
Benjamin Michael FlowersOhio Attorney General Dave Yost, Amicus
State of Oklahoma
Mithun MansinghaniSolicitor General, Amicus
Mithun MansinghaniSolicitor General, Amicus
Thomas J. Randolph and C.F. Canavan
Helen Augusta Randolph — Amicus
Helen Augusta Randolph — Amicus
Veronica Degraffenreid, Acting Secretary of Pennsylvania
John Bartley DeLoneAttorney General's Office, Respondent
John Bartley DeLoneAttorney General's Office, Respondent
White House Watch Fund a project of United States Public Policy Council
David William Telford CarrollCarroll, Ucker & Hemmer, LLC, Amicus
David William Telford CarrollCarroll, Ucker & Hemmer, LLC, Amicus