Case Updates Dec 28 – Jan 1

By Matt Cooper

Arizona:

  • Bowyer v. Ducey remains at the U.S. Supreme Court on an emergency petition filed by Sidney Powell’s legal team. There is no indication that the court intends to rule on the petition prior to the joint session of Congress on Jan. 6.
  • In Ward v. Jackson, a case filed by the chair of the Arizona Republican Party, a petition for writ of certiorari and motion for expedited consideration remain pending in the U.S. Supreme Court after rulings in favor of the defendants at the courts below. As of now, a response brief is due by Jan. 14.

District of Columbia:

  • The case of Wisconsin Voters Alliance v. Pence remains pending in D.C. federal district court. The plaintiffs assert that portions of the Electoral Count Act violate Article II of the U.S. Constitution by restricting state legislatures’ prerogative to post-election certification of Presidential electors. The plaintiffs also allege that laws in Arizona, Georgia, Michigan, Pennsylvania, and Wisconsin are unconstitutional delegations of post-election Presidential elector certification duties to executive branch officials. The lawsuit seeks a court order enjoining Vice President Pence from counting Presidential elector votes unless state legislatures affirmatively vote to certify their states’ Presidential electors.

Georgia:

  • In Pearson v. Kemp, a case filed by Sidney Powell’s legal team, a petition for writ of certiorari and motion for expedited consideration remain pending in the U.S. Supreme Court. As of now, a response brief is due by Jan. 14.
  • The case of Still v. Raffensperger remains pending in Fulton County Superior Court, the complaint having been filed on Dec. 17. The plaintiffs allege various violation of Georgia constitutional and statutory law in the running of the November election. The plaintiffs seek a court order decertifying the state’s Presidential election results.
  • In Wood v. Raffensperger, a petition for writ of certiorari and motion for expedited consideration remain pending at the U.S. Supreme Court. As of now, a response brief is due by Jan. 11.

Michigan:

  • In King v. Whitmer, a case filed by Sidney Powell’s legal team, a petition for writ of certiorari and motion for expedited consideration remain pending in the U.S. Supreme Court. As of now, a response brief is due by Jan. 14.
  • The case of Michigan Welfare Rights Organization v. Trump remains pending in federal district court. The plaintiffs’ amended complaint alleges that President Trump violated the Voting Rights Act and the Ku Klux Klan Act by pressuring state legislatures to override the popular vote and appoint Presidential electors.

New Mexico:

Pennsylvania:

  • The Trump campaign’s petition for writ of certiorari and a motion for expedited consideration remain pending in the U.S. Supreme Court in four Pennsylvania Supreme Court cases decided in October and November. For updated U.S. Supreme Court documents, see the case page for In re Canvassing Observation.
  • In Pennsylvania Republican Party v. Boockvar, a motion for writ of certiorari remains pending in the U.S. Supreme Court. The parties have submitted their briefs and the case has been distributed for conference on Jan. 8.

Texas:

  • In Gohmert v. Pence, a U.S. District Judge dismissed a case brought by Texas Congressman Louie Gohmert and others due to lack of standing. The plaintiffs asserted that the elector dispute resolution provisions of the Electoral Count Act, 3 U.S.C. 5 and 3 U.S.C. 15, violate the Electors Clause and the Twelfth Amendment of the U.S. Constitution. They asked the court for a declaratory judgment finding that under the Twelfth Amendment Vice President Pence has exclusive authority and sole discretion to determine which electoral votes to count for a given state. The plaintiffs appealed to the Fifth Circuit for an expedited ruling. A Fifth Circuit panel subsequently issued a brief opinion affirming the district court.

Wisconsin

  • Feehan v. Wisconsin Elections Commission remains at the U.S. Supreme Court on an emergency petition filed by Sidney Powell’s legal team. There is no indication that the court intends to rule on the petition prior to the joint session of Congress on Jan. 6.
  • In Trump v. Biden, the Trump campaign filed a petition for writ of certiorari and a motion for expedited consideration in the U.S. Supreme Court after an adverse ruling in the Wisconsin Supreme Court regarding the campaign’s requested recount.
  • In Trump v. Wisconsin Elections Commission, the Trump campaign filed a petition for writ of certiorari and a motion for expedited consideration in the U.S. Supreme Court after adverse rulings in the federal courts below.