Case Updates Feb 8-12

By Matt Cooper

A handful of Presidential election cases remain pending at the U.S. Supreme Court, most distributed for conference either on Feb. 19 or Feb. 26. The Court will very likely consider these cases moot, with the exception of Republican Party of Pennsylvania v. Boockvar, which has the potential to impact future election litigation.

In non-Presidential election cases, Election Law at Ohio State is now tracking a case in Alaska challenging the state’s adoption of ranked-choice voting: Kohlhaas v. State of Alaska.

Arizona:

  • In Re: Bowyer, a case at the U.S. Supreme Court on a mandamus petition filed by Sidney Powell’s legal team, has been distributed for conference on Feb. 26.
  • In Ward v. Jackson, a case filed by the chair of the Arizona Republican Party, a petition for writ of certiorari remains pending in the U.S. Supreme Court after rulings in favor of the defendants at the courts below. The case has been distributed for conference on Feb. 19.

Georgia:

  • In Wood v. Raffensperger, a petition for writ of certiorari remains pending at the U.S. Supreme Court. The case has been distributed for conference on Feb. 19.

Michigan:

  • In King v. Whitmer, a case filed by Sidney Powell’s legal team, a petition for writ of certiorari remains pending in the U.S. Supreme Court. The Michigan state defendants filed a response brief, as did the City of Detroit. The case has been distributed for conference on Feb. 19.

Pennsylvania:

  • The Trump campaign’s petition for writ of certiorari remains 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 in all four cases, see the page for In re Canvassing Observation/Donald J. Trump for President, Inc. v. Boockvar. The government appellees waived their right to file a response brief. The case has been distributed for conference on Feb. 19.
  • In Kelly v. Pennsylvania, a petition for writ of certiorari remains pending in the U.S. Supreme Court. The Pennsylvania state defendants waived their right to file a response brief. The case has been distributed for conference on Feb. 19.
  • 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 on Feb. 19.

Wisconsin

  • In Re: Feehan remains pending at the U.S. Supreme Court on a mandamus petition filed by Sidney Powell’s legal team. Governor Evers waived his right to file a response brief, as did the Wisconsin Elections Commission. The case has been distributed for conference on Feb. 19.
  • The case of Trump v. Biden remains pending at the U.S. Supreme Court on the Trump campaign’s petition for writ of certiorari following an adverse ruling by the Wisconsin Supreme Court regarding the campaign’s requested recount. President Biden waived his right to file a response brief, as did the Dane and Milwaukee County defendants. The case has been distributed for conference on Feb. 19.
  • 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 following adverse rulings in the federal courts below. The Wisconsin Elections Commission waived its right to file a response brief, as did Wisconsin Governor Tony Evers, the Wisconsin NAACP, and the Democratic National Committee. Former President Trump filed a supplemental brief on Feb. 9 asserting that the case is not moot because the issues are capable of repetition in future cases.