Case Updates Jan 4-8

By Matt Cooper

Despite Congress’ counting of Electoral College votes in favor of Joe Biden and Kamala Harris following Wednesday’s shocking assault on the Capitol Building, various Presidential election cases remain pending. It is expected that courts will rule many of these cases moot or that the plaintiffs will file notices of voluntary dismissal.

Arizona:

  • In Re: Bowyer remains at the U.S. Supreme Court on a mandamus petition filed by Sidney Powell’s legal team. A response is due Jan. 28.
  • 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. A response is due Jan. 14.

District of Columbia:

  • In Wisconsin Voters Alliance v. Pence, the plaintiffs filed a notice of voluntary dismissal in D.C. federal district court. The plaintiffs had asserted 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.

Georgia:

  • In In Re: Pearson, 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. A response brief is due Jan. 14.
  • In Still v. Raffensperger, the plaintiffs filed a notice of voluntary dismissal in Fulton County Superior Court. The plaintiffs had alleged various violations of Georgia constitutional and statutory law in the running of the November election, and sought a court order decertifying the state’s Presidential election results.
  • In Trump v. Kemp, the Trump campaign voluntarily dismissed its complaint filed in federal district court. The complaint asserted that the defendants violated the U.S. Constitution by deviating from the “manner” that the Georgia legislature established for choosing Presidential electors.
  • In Wood v. Raffensperger, a petition for writ of certiorari and motion for expedited consideration remain pending at the U.S. Supreme Court. A response brief is due 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. A response brief is due Jan. 14.

New Mexico:

  • The case of Donald Trump for President v. Toulouse Oliver remains pending in federal district court. The campaign sought a court order vacating certification of the New Mexico’s Presidential election results, but the court will likely now deem the matter moot.

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. Responses are due Jan. 22. For updated U.S. Supreme Court documents, see the case page for In re Canvassing Observation/Donald J. Trump for President, Inc. v. Boockvar.
  • In Kelly v. Pennsylvania, a petition for writ of certiorari and motion for expedited consideration remain pending in the U.S. Supreme Court. A response brief is due Jan. 14.
  • In Pennsylvania Republican Party v. Boockvar, a motion for writ of certiorari remains pending in the U.S. Supreme Court. The parties have submitted briefs and the case has been distributed for conference.

Texas:

  • In Gohmert v. Pence, the U.S. Supreme Court denied an emergency application filed by Representative Gohmert and other plaintiffs seeking an order preventing Vice President Pence from following the procedures of the Electoral Count Act.

Wisconsin

  • In Re: Feehan remains pending at the U.S. Supreme Court on a mandamus petition filed by Sidney Powell’s legal team. A response is due Jan. 28.
  • The case of Trump v. Biden remains pending at the U.S. Supreme Court on the Trump campaign’s petition for writ of certiorari and motion for expedited consideration of an adverse ruling by the Wisconsin Supreme Court regarding the campaign’s requested recount. A response is due Feb. 3.
  • The case of Trump v. Wisconsin Elections Commission remains pending at the U.S. Supreme Court on the Trump campaign’s petition for writ of certiorari and motion for expedited consideration following adverse rulings in the federal courts below. A response is due Feb. 3.