No. 20-845

Donald J. Trump for President, Inc. v. Veronica Degraffenreid, Acting Secretary of Pennsylvania, et al.

Lower Court: Pennsylvania
Docketed: 2020-12-23
Status: Denied
Type: Paid
Amici (4)Response Waived Experienced Counsel
Tags: article-ii constitutional-interpretation due-process election-integrity election-law equal-protection legislative-authority mail-ballot presidential-election
Key Terms:
DueProcess Privacy JusticiabilityDoctri Jurisdiction
Latest Conference: 2021-02-19
Question Presented (AI Summary)

Whether the Pennsylvania Supreme Court's alteration or suspension of state election law violated the U.S. Constitution

Question Presented (from Petition)

QUESTIONS PRESENTED Article II of the Constitution provides that “Each State shall appoint [electors for President and Vice President] in such Manner as the Legislature thereof may direct.” U.S. Const. art. II, § 1, cl. 2 (emphasis added). That power is “plenary,” and the statutory provisions enacted by the legislature in the furtherance of that duty may not be ignored by state election officials or changed by state courts. Bush v. Gore (“Bush IT’), 531 U.S. 98, 104-05 (2000). Yet, during the 2020 presidential election, that is what the Pennsylvania Supreme Court did in four cases — three at issue in this Petition, and one already before the Court. Statutory requirements were eliminated regarding signature verification, the right of campaigns to challenge invalid mail ballots, mandates that mail voters fill in, date, and sign mail ballot declarations, and even the right of campaigns to observe the mail ballot canvassing process in a meaningful way. Collectively, these three decisions resulted in counting approximately 2.6 million mail ballots in violation of the law as enacted by the Pennsylvania Legislature. According to public reports, without these protections, the resulting disqualification rate of invalid ballots was anemic—meaning over 110,000 invalid ballots were illegally counted—more than enough to have affected the outcome of the election, where the margin between the two principal candidates for President currently stands at 80,558. The questions presented are therefore: 1. Whether the Pennsylvania Supreme Court’s alteration or suspension of state i election law through its three decisions before and after the November 2020 general election usurped the Pennsylvania Legislature’s plenary authority to “direct [the] Manner” for appointing electors for President and Vice-President, in violation of Article II, Section 1, Clause 2 of the U.S. Constitution? 2. Whether the Pennsylvania Supreme Court’s three decisions usurping the Pennsylvania Legislature’s plenary authority to “direct [the] Manner” for appointing presidential electors, by changing the law, including eviscerating protections against mail ballot fraud, violated the Due Process Clause of the Constitution, and whether Pennsylvania applying the new rules promulgated by the Court during the election in only select counties where mail ballots heavily favored one candidate over the other violated the Equal Protection Clause of the Constitution? 3. Whether this Court has the power to provide a meaningful remedy to Petitioner in advance of the January 6, 2021 Joint Session of Congress, at which electoral votes will be opened and counted, or before the January 20, 2021 inauguration date specified by the Constitution? ii

Docket Entries

2021-03-26
Amicus brief of Todd C. Bank submitted.
2021-02-22
Petition DENIED.
2021-02-22
Motion for leave to file amicus brief filed by Republican Party of Pennsylvania GRANTED.
2021-02-22
Motion for leave to file amici brief filed by Constitutional Attorneys GRANTED.
2021-01-27
DISTRIBUTED for Conference of 2/19/2021.
2021-01-22
Waiver of right of respondent Susquehanna County Board of Elections to respond filed.
2021-01-21
Waiver of right of respondents Various County Boards of Elections to respond filed.
2021-01-21
Waiver of right of respondent Allegheny County Board of Elections to respond filed.
2021-01-20
Waiver of right of respondents Bucks County Board of Elections; Chester County Board of Elections; Montgomery County Board of Elections; Philadelphia County Board of Elections; Omar Sabir; Al Schmidt; and Lisa Deeley to respond filed.
2021-01-15
Waiver of right of respondent Luzerne County Board of Elections to respond filed.
2021-01-14
Waiver of right of respondent Kathy Boockvar, Secretary of the Commonwealth of Pennsylvania to respond filed.
2021-01-11
Motion to expedite consideration filed by petitioner DENIED.
2021-01-07
Waiver of right of respondent Allegheny County Board of Elections to respond filed.
2021-01-06
Waiver of right of respondent Crawford County Board of Elections to respond filed.
2021-01-04
Brief in support of motion of petitioner Donald J. Trump for President, Inc. filed.
2021-01-04
Waiver of right of respondent Delaware County Board of Elections to respond filed.
2020-12-30
Response to motion for expedited consideration from respondent Kathy Boockvar, Secretary of the Commonwealth of Pennsylvania filed.
2020-12-30
Motion for leave to file amicus brief filed by Republican Party of Pennsylvania.
2020-12-23
Motion for leave to file amici brief filed by Constitutional Attorneys.
2020-12-21
Petition for a writ of certiorari filed. (Response due January 22, 2021)
2020-12-21
Motion to expedite consideration of the petition for a writ of certiorari filed by petitioner.

Attorneys

Allegheny County Board of Elections
Allan Joseph OpsitnickAllegheny County Law Department, Respondent
Allan Joseph OpsitnickAllegheny County Law Department, Respondent
Bucks County Board of Elections; Chester County Board of Elections; Montgomery County Board of Elections; Philadelphia County Board of Elections; Omar Sabir; Al Schmidt; and Lisa Deeley
Robert Andrew WiygulHangley Aronchick Segal Pudlin & Schiller, Respondent
Robert Andrew WiygulHangley Aronchick Segal Pudlin & Schiller, Respondent
Constitutional Attorneys
John Allen EidsmoeConstitutional Attorneys, Amicus
John Allen EidsmoeConstitutional Attorneys, Amicus
Crawford County Board of Elections
Keith A. ButtonShafer Law Firm, PC, Respondent
Keith A. ButtonShafer Law Firm, PC, Respondent
Delaware County Board of Elections
Edward D. RogersBallard Spahr, LLP, Respondent
Edward D. RogersBallard Spahr, LLP, Respondent
Donald J. Trump for President, Inc.
John C. Eastman — Petitioner
John C. Eastman — Petitioner
Luzerne County Board of Elections
Joseph Matthias CosgroveSelingo Guagliardo LLC, Respondent
Joseph Matthias CosgroveSelingo Guagliardo LLC, Respondent
Republican Party of Pennsylvania
Thomas W. King III — Amicus
Thomas W. King III — Amicus
Susquehanna County Board of Elections
Robert D. SchaubRosenn, Jenkins & Greenwald, Respondent
Robert D. SchaubRosenn, Jenkins & Greenwald, Respondent
Todd C. Bank
Todd Charles BankTodd C. Bank, Attorney at Law, P.C., Amicus
Todd Charles BankTodd C. Bank, Attorney at Law, P.C., Amicus
Various County Boards of Elections
Molly Elizabeth MeachamBabst Calland Clements and Zomnir, PC, Respondent
Molly Elizabeth MeachamBabst Calland Clements and Zomnir, PC, Respondent
Veronica Degraffenreid, Acting Secretary of Pennsylvania
John Bartley DeLoneAttorney General's Office, Respondent
John Bartley DeLoneAttorney General's Office, Respondent