| No. 19-465 | |
| Title: | Peter B. Chiafalo, Levi Jennet Guerra, and Esther Virginia John, Petitioners v. Washington |
| Docketed: | October 9, 2019 |
| Linked with 19A138, 19A894 | |
| Lower Ct: | Supreme Court of Washington |
| Case Numbers: | (95347-3) |
| Decision Date: | May 23, 2019 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Aug 02 2019 | Application (19A138) to extend the time to file a petition for a writ of certiorari from August 21, 2019 to October 20, 2019, submitted to Justice Kagan. |
| Main DocumentLower Court Orders/OpinionsProof of Service | |
| Aug 05 2019 | Application (19A138) granted by Justice Kagan extending the time to file until October 20, 2019. |
| Oct 07 2019 | Petition for a writ of certiorari filed. (Response due November 8, 2019) |
| PetitionProof of ServiceCertificate of Word Count | |
| Oct 15 2019 | Blanket Consent filed by Petitioners, Peter Bret Chiafalo, et al. |
| Blanket Consent | |
| Nov 06 2019 | Amicus brief of Michael L. Rosin & David G. Post not accepted for filing. (November 06, 2019) (Corrected efiling submitted) |
| Nov 06 2019 | Brief amici curiae of Michael L. Rosin & David G. Post filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 08 2019 | Brief of respondent Washington in opposition filed. |
| Certificate of Word CountProof of Service | |
| Nov 08 2019 | Brief of respondent Washington in opposition filed. (February 10, 2020 - PDF with appendix provided) |
| Main Document | |
| Nov 08 2019 | Brief amicus curiae of Vinz Koller filed. |
| Proof of ServiceMain DocumentCertificate of Word Count | |
| Nov 22 2019 | Reply of petitioners Peter Bret Chiafalo, et al. filed. |
| Main DocumentCertificate of Word CountCertificate of Word Count | |
| Nov 26 2019 | DISTRIBUTED for Conference of 12/13/2019. |
| Dec 05 2019 | Rescheduled. |
| Dec 11 2019 | DISTRIBUTED for Conference of 1/10/2020. |
| Jan 13 2020 | DISTRIBUTED for Conference of 1/17/2020. |
| Jan 17 2020 | Petition GRANTED. The petition for a writ of certiorari in No. 19-518 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED. |
| Jan 17 2020 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-465. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-465. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.” |
| Jan 27 2020 | Petitioners in No. 19-465 and respondents in No. 19-518 shall file opening and reply briefs on the merits under the schedule set forth in Rules 25.1 and 25.3. Respondent in No. 19-465 and petitioner in No. 19-518 shall file response briefs on the merits under the schedule set forth in Rule 25.2. |
| Jan 27 2020 | Blanket Consent filed by Peter Bret Chiafalo, et al., and Micheal Baca, et al. VIDED. |
| Blanket Consent | |
| Feb 11 2020 | Blanket Consent filed by Colorado Department of State. VIDED. |
| Blanket Consent | |
| Feb 11 2020 | Application (19A894) of Presidential Electors to file a consolidated opening brief on the merits in excess of the word limit, submitted to Justice Sotomayor. VIDED. |
| Main DocumentProof of Service | |
| Feb 11 2020 | Blanket Consent filed by Washington. VIDED. |
| Blanket Consent | |
| Feb 14 2020 | Application (19A894) of Presidential Electors to file a consolidated opening brief on the merits in excess of the word limit is granted by Justice Sotomayor provided that the brief does not exceed 16,000 words. |
| Feb 18 2020 | Motion of Colorado Department of State for an extension of time to file the joint appendix filed (in 19-518). |
| Main Document | |
| Feb 20 2020 | Motion of Colorado Department of State to extend the time to file the joint appendix as to No. 19-518 is granted and the time is extended to and including April 1, 2020. |
| Feb 20 2020 | Motion to dispense with printing the joint appendix filed (in 19-465). |
| Main DocumentProof of Service | |
| Feb 21 2020 | SET FOR ARGUMENT on Tuesday, April 28, 2020 (amended March 10, 2020). |
| Feb 26 2020 | Record requested from the Supreme Court of Washington. |
| Mar 02 2020 | Motion to dispense with printing the joint appendix in No. 19-465 GRANTED. |
| Mar 02 2020 | Brief of Presidential Electors filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 03 2020 | The record received from the Supreme Court of Washington has been electronically filed. |
| Mar 05 2020 | Brief amicus curiae of Citizens for Self-Governance filed. VIDED. |
| Main DocumentCertificate of Word CountCertificate of Word Count | |
| Mar 06 2020 | Brief amicus curiae of Professor Derek T. Muller in support of neither party filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 06 2020 | Brief amici curiae of Michael L. Rosin, et al. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 06 2020 | Brief amicus curiae of Independence Institute filed. VIDED |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 09 2020 | Brief amicus curiae of Professor Edward B. Foley in support of neither party filed. VIDED |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 09 2020 | Brief amicus curiae of Jerry H. Goldfeder filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 09 2020 | Brief amicus curiae of Making Every Vote Count Foundation in support of neither party filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 09 2020 | Brief amicus curiae of Vinz Koller filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 09 2020 | Brief amicus curiae of Professor Michael T. Morley in support of neither party filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 10 2020 | This case is no longer consolidated with No. 19-518, CO Dept. of State v. Baca, and one hour is allotted for oral argument in this case. |
| Mar 10 2020 | Letter from Clerk of Court to counsel of record noting that Justice Sotomayor will not continue to participate in No. 19-518. |
| Main Document | |
| Mar 19 2020 | CIRCULATED |
| Apr 01 2020 | Brief of respondent Washington filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Apr 03 2020 | ORAL ARGUMENT POSTPONED. |
| Apr 07 2020 | Brief amicus curiae of Public Citizen, Inc. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Apr 08 2020 | Brief amici curiae of South Dakota and 44 States and the District of Columbia filed. VIDED. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Apr 08 2020 | Brief amici curiae of Campaign Legal Center and Issue One filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Apr 08 2020 | Brief amicus curiae and appendix of Professor Robert W. Bennett filed. VIDED. (Distributed) |
| Main DocumentOtherProof of ServiceCertificate of Word Count | |
| Apr 08 2020 | Brief amicus curiae of The Republican National Committee filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Apr 13 2020 | Argument to be rescheduled for May 2020. |
| Apr 15 2020 | RESCHEDULED FOR ARGUMENT on Wednesday, May 13, 2020. |
| May 01 2020 | Reply of Presidential Electors filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| May 12 2020 | Letter from counsel for petitioner filed. (Distributed) |
| Main Document | |
| May 13 2020 | Argued. For petitioners: L. Lawrence Lessig, Cambridge, Mass. For respondent: Noah Purcell, Solicitor General, Olympia, Wash. |
| Jul 06 2020 | Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Alito, Sotomayor, Gorsuch, and Kavanaugh, JJ., joined. Thomas, J. filed an opinion concurring in the judgment, in which Gorsuch, J., joined as to Part II. |
| Aug 07 2020 | MANDATE ISSUED. |
| Aug 07 2020 | JUDGMENT ISSUED. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioners | ||
| L. Lawrence Lessig Counsel of Record | Equal Citizens 12 Eliot St. Cambridge, MA 02138 lessig@law.harvard.edu | 617-496-1124 |
| Party name: Peter Bret Chiafalo, et al. | ||
| Eric Reuel Olson Counsel of Record | Solicitor General 1300 Broadway 10th Floor Denver, CO 80203 eric.olson@coag.gov | 720-508-6548 |
| Party name: Colorado Department of State | ||
| Attorneys for Respondent | ||
| Noah Guzzo Purcell Counsel of Record | Office of the Attorney General 1125 Washington Street, SE P.O. Box 40100 Olympia, WA 98504-0100 noahp@atg.wa.gov | 360-753-2536 |
| Party name: Washington | ||
| Other | ||
| Jessica Ring Amunson Counsel of Record | Jenner & Block LLP 1099 New York Avenue NW Suite 900 Washington, DC 20001 JAmunson@jenner.com | 202-639-6023 |
| Party name: Professor Edward B. Foley | ||
| Andrew John Dhuey Counsel of Record | 456 Boynton Avenue Berkeley, CA 94707 ajdhuey@comcast.net | (510) 528-8200 |
| Party name: Vinz Koller | ||
| Michael Nicholas Donofrio Counsel of Record | Stris & Maher LLP 777 S. Figueroa St., Ste. 3850 Los Angeles, CA 90017 michael.donofrio@strismaher.com | (213) 995-6800 |
| Party name: Michael L. Rosin & David G. Post | ||
| Rita Martin Dunaway Counsel of Record | Citizens for Self-Governance 2379 Massanetta Springs Road Harrisonburg, VA 22801 rdunaway@cosaction.com | 5408301229 |
| Party name: Citizens for Self-Governance | ||
| Jerrold Joseph Ganzfried Counsel of Record | Ganzfried Law 5335 Wisconsin Avenue, NW Suite 440 Washington, DC 20015 JJG@ganzfriedlaw.com | 202-486-2004 |
| Party name: Making Every Vote Count Foundation | ||
| Jerry H. Goldfeder Counsel of Record | Stroock & Stroock & Lavan LLP 180 Maiden Lane New York, NY 10038 jgoldfeder@stroock.com | 212-806-5857 |
| Party name: Jerry H. Goldfeder | ||
| David Benjamin Kopel Counsel of Record | Independence Institute Independence Institute 727 East 16th Avenue Denver, CO 80203 david@i2i.org | 3032796536 |
| Party name: Independence Institute | ||
| Tobias Samuel Loss-Eaton Counsel of Record | Sidley Austin LLP 1501 K Street, N.W. Washington, DC 20005 tlosseaton@sidley.com | (202) 736-8427 |
| Party name: Campaign Legal Center and Issue One | ||
| Michael T. Morley Counsel of Record | Florida State University College of Law 425 W. Jefferson Street Roberts Hall, Office 313 Tallahassee, FL 32301 michaelmorleyesq@hotmail.com | 8607783883 |
| Party name: Professor Michael T. Morley | ||
| Scott Lawrence Nelson Counsel of Record | Public Citizen Litigation Group 1600 20th Street, N.W. Washington, DC 20009 snelson@citizen.org | 202-588-1000 |
| Party name: Public Citizen, Inc. | ||
| Ian Seth Speir Counsel of Record | Nussbaum Speir Gleason PLLC 2 N. Cascade Ave. Suite 1430 Colorado Springs, CO 80903 ian@nussbaumspeir.com | 7194284937 |
| Party name: Professor Derek T. Muller | ||
| Paul S. Swedlund Counsel of Record | Office of the Attorney General 1302 E. Highway 14, Suite 1 Pierre, SD 57501-8501 paul.swedlund@state.sd.us | 6057735402 |
| Party name: South Dakota and 44 States and the District of Columbia | ||
| Jack Samuel Tenenbaum Counsel of Record | Bluhm Legal Clinic Northwestern Pritzer School of Law 375 East Chicago Ave. Chicago, IL 60611 s-tenenbaum@law.northwestern.edu | 3125034808 |
| Party name: Professor Robert W. Bennett | ||
| Michael Eugene Toner Counsel of Record | Wiley, Rein & Fielding 1776 K Street, NW Washington, DC 20006 mtoner@wiley.law | 2027197545 |
| Party name: The Republican National Committee | ||