No. 24-786

Republican National Committee, et al. v. Faith Genser, et al.

Lower Court: Pennsylvania
Docketed: 2025-01-23
Status: Denied
Type: Paid
Relisted (2) Experienced Counsel
Tags: constitutional-interpretation elections-clause electors-clause judicial-review legislative-power state-election-law
Key Terms:
JusticiabilityDoctri
Latest Conference: 2025-06-05 (distributed 2 times)
Question Presented (AI Summary)

What is the legal standard for determining whether a state court's interpretation of state election law exceeds the bounds of ordinary judicial review and violates the Elections and Electors Clauses?

Question Presented (from Petition)

The Elections and Electors Clauses of the U.S. Constitution vest the power to set federal election rules in the legislature of each s tate. Exercising that power, the Pennsylvania General Assembly unambiguously directed that election officials “shall not” count an individual ’s provisional ballot if they “timely received” a mail ballot cast by that person . 25 Pa. Stat. § Turning that requirement on its head, a 4 –3 majority of the Pennsylvania Supreme Court decreed that election officials must count provisional ballots cast by individuals whose mail ballots were timely received but were defective for some other reason. The questions presented are: 1. What is the legal standard for determining whether a state court’s in terpret ation of state election law exceeds the bounds of ordinary judicial review and therefore violates the Elections and Electors Clauses ? 2. Did the Pennsylvania Supreme Court exceed the bounds of ordinary judicial review and thereby usurp the General Assembly’s plenary authority to prescribe “[t]he Times, Places, and Manner” for congressional elections, U.S. Const. art. I., § 4, cl. 1., and broad power to “direct ” the “Manner” for appointing electors for President and Vice President, id. art. II, § 1, cl. 2 ?

Docket Entries

2025-06-06
Petition DENIED.
2025-06-02
DISTRIBUTED for Conference of 6/5/2025.
2025-05-13
DISTRIBUTED for Conference of 5/29/2025.
2025-05-12
Reply of Republican National Committee, et al. submitted.
2025-05-12
Reply of petitioners Republican National Committee, et al. filed. (Distributed)
2025-04-25
Brief of Pennsylvania Democratic Party in opposition submitted.
2025-04-25
Brief of Faith Genser, et al. in opposition submitted.
2025-04-25
Brief of respondent Pennsylvania Democratic Party in opposition filed.
2025-04-25
2025-03-13
Motion to extend the time to file a response is granted and the time is further extended to and including April 25, 2025, for all respondents.
2025-03-11
Motion of Pennsylvania Democratic Party for an extension of time submitted.
2025-03-11
Motion to extend the time to file a response from March 26, 2025 to April 25, 2025, submitted to The Clerk.
2025-02-14
Motion to extend the time to file a response is granted and the time is extended to and including March 26, 2025, for all respondents.
2025-02-13
Motion of Faith Genser, et al. for an extension of time submitted.
2025-02-13
Motion to extend the time to file a response from February 24, 2025 to March 26, 2025, submitted to The Clerk.
2025-01-21
Petition for a writ of certiorari filed. (Response due February 24, 2025)

Attorneys

Faith Genser, et al.
George Eric Brunstad Jr.Dechert LLP, Respondent
George Eric Brunstad Jr.Dechert LLP, Respondent
Pennsylvania Democratic Party
Seth P. WaxmanWilmer Cutler Pickering Hale and Dorr LLP, Respondent
Seth P. WaxmanWilmer Cutler Pickering Hale and Dorr LLP, Respondent
Republican National Committee, et al.
John Matthew GoreJones Day, Petitioner
John Matthew GoreJones Day, Petitioner