No. 25-379

Public Interest Legal Foundation v. Al Schmidt, Secretary of Pennsylvania, et al.

Lower Court: Third Circuit
Docketed: 2025-09-30
Status: Pending
Type: Paid
Amici (3)Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: administrative-law article-three-standing election-integrity public-records statutory-interpretation voter-registration
Key Terms:
Securities Privacy JusticiabilityDoctri
Latest Conference: 2026-02-27 (distributed 2 times)
Question Presented (AI Summary)

Did the appellate court err in applying TransUnion standing analysis to a public records request under the National Voter Registration Act?

Question Presented (OCR Extract)

Congress enacted the National Voter Registration Act (“NVRA”) to increase and enhance registration and voting by “eligible citizens,” “protect the integrity of the electoral process,” and “ensure that accurate and current voter registration rolls are maintained.” 52 U.S.C. § 20501(b)(1)-(4). The NVRA makes all list maintenance records subject to public inspection precisely so that the public can enjoy a transparent election process and assess compliance with state and federal laws that grant and remove voting rights. 52 U.S.C. § 20507(i)(1). The Public Interest Legal Foundation sought list maintenance records from Pennsylvania after the Commonwealth publicly acknowledged errors on its voter roll. The Commonwealth denied the NVRA request and this lawsuit followed. The district court granted the Foundation’s summary judgment motion in part and required the disclosure of certain records. The appellate court reversed, solely because it found the Foundation lacked Article III standing. The questions presented are: 1. Did the appellate court err in using TransUnion LLC v. Ramirez , 594 U.S. 413 (2021), to evaluate standing in this case, which involves the denial of public records? 2. Did TransUnion overrule this Court’s cases establishing the standing inquiry for public records cases? 3. Did the appellate court err by finding that the Foundation does not have standing to redress the denial of public records under the NVRA?

Docket Entries

2026-02-11
DISTRIBUTED for Conference of 2/27/2026.
2026-01-23
Reply of petitioner Public Interest Legal Foundation, Inc. filed.
2026-01-23
Reply of Public Interest Legal Foundation, Inc. submitted.
2026-01-12
Brief of respondents Al Schmidt, Secretary of Pennsylvania, et al. in opposition filed.
2026-01-12
Brief of Secretary of the Commonwealth of Pennsylvania, et al. in opposition submitted.
2025-11-14
Motion to extend the time to file a response is granted and the time is extended to and including January 12, 2026.
2025-11-11
Motion to extend the time to file a response from November 28, 2025 to January 12, 2026, submitted to The Clerk.
2025-11-11
Motion of Secretary of the Commonwealth of Pennsylvania, et al. for an extension of time submitted.
2025-10-30
Brief amici curiae of Judicial Watch, Inc., et al. filed.
2025-10-30
Brief amicus curiae of Honest Elections Project filed.
2025-10-30
Brief amicus curiae of Center for Election Confidence filed.
2025-10-30
Amicus brief of Center for Election Confidence submitted.
2025-10-30
Amicus brief of Honest Elections Project submitted.
2025-10-28
Response Requested. (Due November 28, 2025)
2025-10-22
DISTRIBUTED for Conference of 11/7/2025.
2025-10-17
Waiver of right of respondent Secretary of the Commonwealth of Pennsylvania, et al. to respond filed.
2025-10-17
Waiver of Secretary of the Commonwealth of Pennsylvania, et al. of right to respond submitted.
2025-09-26
Petition for a writ of certiorari filed. (Response due October 30, 2025)

Attorneys

Center for Election Confidence
Bradley Alan BenbrookBenbrook Law Group, Amicus
Bradley Alan BenbrookBenbrook Law Group, Amicus
Honest Elections Project
Jason Brett TorchinskyHoltzman Vogel Baran Torchinsky Josefiak PLLC, Amicus
Jason Brett TorchinskyHoltzman Vogel Baran Torchinsky Josefiak PLLC, Amicus
Judicial Watch, Inc.
T. Russell NobileJudicial Watch, Inc., Amicus
T. Russell NobileJudicial Watch, Inc., Amicus
Public Interest Legal Foundation, Inc.
Kaylan Lytle PhillipsPublic Interest Legal Foundation, Petitioner
Kaylan Lytle PhillipsPublic Interest Legal Foundation, Petitioner
Secretary of the Commonwealth of Pennsylvania, et al.
Daniel T. BrierMyers, Brier, Kelly, LLP, Respondent
Jacob Biehl BoyerOffice of General Counsel, Respondent
Jacob Biehl BoyerOffice of General Counsel, Respondent
Daniel T. BrierMyers, Brier, Kelly, LLP, Respondent
Michael J. FischerPennsylvania Office of General Counsel, Respondent
Michael J. FischerPennsylvania Office of General Counsel, Respondent