No. 22-30

David Ritter v. Linda Migliori, et al.

Lower Court: Third Circuit
Docketed: 2022-07-11
Status: GVR
Type: Paid
Amici (9) Experienced Counsel
Tags: civil-rights civil-rights-act due-process election election-law mail-in-voting materiality-provision mootness mootness-doctrine standing statutory-interpretation third-circuit-decision
Key Terms:
JusticiabilityDoctri
Latest Conference: 2022-10-07
Question Presented (AI Summary)

Should this Court vacate the Third Circuit's decision under United States v. Munsingwear, Inc., 340 U.S. 36 (1950)?

Question Presented (OCR Extract)

QUESTION PRESENTED Pennsylvania requires voters to sign and date a declaration when they vote by mail. In a private lawsuit filed after a local election, the Third Circuit held that this dating requirement was preempted by the materiality provision of the Civil Rights Act of 1964, 52 U.S.C. §10101(a)(2)(B). That decision “is very likely incorrect,” as three Justices have explained, and “could well affect the outcome of the fall elections.” Ritter v. Migliori, 2022 WL 2070669 (U.S. June 9), at *3, *1 (Alito, J., dissental). Though petitioner planned to ask this Court to review it, he couldn’t because the election ended and the results were certified. So the Third Circuit’s decision will continue wreaking havoc, but this Court cannot review it on the merits. The question presented is: Should this Court vacate the Third Circuit’s decision under United States v. Munsingwear, Inc., 340 U.S. 36 (1950)?

Docket Entries

2022-11-14
Judgment issued.
2022-10-11
Petition GRANTED. Judgment VACATED and case REMANDED with instructions to dismiss the case as moot. See <i>United States</i> v. <i>Munsingwear, Inc.</i>, 340 U. S. 36 (1950). Justice Sotomayor and Justice Jackson would deny the petition for a writ of certiorari.
2022-10-11
Motion for leave to file amici brief filed by Doctor Oz for Senate, et al. GRANTED.
2022-10-11
Motion for leave to file amici brief filed by Speaker of the Pennsylvania House of Representatives, Bryan Cutler, et al. GRANTED.
2022-09-14
DISTRIBUTED for Conference of 10/7/2022.
2022-09-09
2022-09-06
Waiver of the 14-day waiting period for the distribution of the petition under 15.5 filed by petitioners.
2022-09-06
2022-09-06
2022-08-10
Motion for leave to file amici brief filed by Speaker of the Pennsylvania House of Representatives, Bryan Cutler, et al.
2022-08-10
Motion for leave to file amici brief filed by Doctor Oz for Senate, et al.
2022-08-10
2022-08-10
Brief of respondents Lehigh County Board of Elections in support filed.
2022-08-10
2022-08-09
2022-08-02
2022-07-27
Motion to extend the time to file a response is granted and the time is extended to and including September 6, 2022, for all respondents. See Rule 30.1
2022-07-26
Motion to extend the time to file a response from August 10, 2022 to September 4, 2022, submitted to The Clerk.
2022-07-07
2022-06-09
The application (21A772) for stay presented to Justice Alito and by him referred to the Court is denied. The order heretofore entered by Justice Alito is vacated. Justice Alito, with whom Justice Thomas and Justice Gorsuch join, dissenting from the denial of the application for stay. (Detached <a href = 'https://www.supremecourt.gov/opinions/21pdf/21a772_h3dj.pdf'>Opinion</a>)
2022-06-09
Application (21A772) referred to the Court.
2022-06-03
Supplemental letter of applicant David Ritter filed.
2022-06-02
Supplemental letter on behalf of respondents filed.
2022-06-01
Reply of applicant David Ritter filed.
2022-05-31
Letter of respondent Lehigh County Board of Elections filed.
2022-05-31
Response to application from respondent Linda Migliori, et al. filed.
2022-05-31
Response to application from Bonin, Adam C. Zac Cohen filed.
2022-05-31
Upon consideration of the application of counsel for the applicant and the responses filed thereto, it is ordered that the mandate of the United States Court of Appeals for the Third Circuit, case No. 22-1499, is hereby stayed pending further order of Justice Alito or of the Court.
2022-05-30
Motion for Leave to File Amici Curiae Brief in Support of Applicant filed by Doctor Oz for Senate and Dr. Mehmet Oz.
2022-05-27
2022-05-27
Response to application (21A772) requested by Justice Alito, due by noon (EDT), Tuesday, May 31st, 2022.

Attorneys

David Ritter
Cameron Thomas NorrisConsovoy McCarthy PLLC, Petitioner
Cameron Thomas NorrisConsovoy McCarthy PLLC, Petitioner
Doctor Oz for Senate and Dr. Mehmet Oz
John Matthew GoreJones Day, Amicus
John Matthew GoreJones Day, Amicus
Honest Elections Project
Christopher E. MillsSpero Law LLC, Amicus
Christopher E. MillsSpero Law LLC, Amicus
Judicial Watch, Inc., et al.
H. Christopher CoatesLaw Office of H. Christopher Coates, Amicus
H. Christopher CoatesLaw Office of H. Christopher Coates, Amicus
Landmark Legal Foundation
Michael James O'NeillLandmark Legal Foundation, Amicus
Michael James O'NeillLandmark Legal Foundation, Amicus
Lawyers Democracy Fund
Richard Bryan RaileBakerHostetler, LLP, Amicus
Richard Bryan RaileBakerHostetler, LLP, Amicus
Lehigh County Board of Elections
Lucas J. RepkaLehigh County Department of Law, Respondent
Lucas J. RepkaLehigh County Department of Law, Respondent
Linda Migliori, et al.
Ari Joseph SavitzkyAmerican Civil Liberties Union, Respondent
Ari Joseph SavitzkyAmerican Civil Liberties Union, Respondent
Speaker of the Pennsylvania House of Representatives, Bryan Cutler, Majority Leader of the Pennsylvania House of Representatives, Kerry Benninghoff, President Pro Tempore of the Pennsylvania Senate, Jake Corman, and Majority Leader of the Pennsylvania Sen
Zachary Michael WallenChalmers & Adams LLC, Amicus
Zachary Michael WallenChalmers & Adams LLC, Amicus
Zac Cohen
Kelsi Brown CorkranInstitute for Constitutional Advocacy & Protection, Respondent
Kelsi Brown CorkranInstitute for Constitutional Advocacy & Protection, Respondent
Adam C. BoninThe Law Office of Adam C Bonin, Respondent
Adam C. BoninThe Law Office of Adam C Bonin, Respondent