Case Updates Feb 22-27

By Matt Cooper

Only a few Presidential election cases remain pending at the U.S. Supreme Court following the denial of petitions for certiorari in seven cases on Monday, Feb. 22. Denials are likely in the remaining cases. In non-Presidential election cases, the Supreme Court will hear oral argument on Tues, March 2 in the Arizona case of Brnovich v. Democratic National Committee. At issue in the case is whether the state’s policy of not counting out-of-precinct provisional ballots violates the Voting Rights Act and whether a state law prohibiting individuals from collecting and delivering absentee ballots unjustifiably burdens the right to vote.

Arizona:

  • In Re: Bowyer, a case pending 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. UPDATE: The Supreme Court denied the petition in its March 1 order list.
  • In Ward v. Jackson, a case filed by the chair of the Arizona Republican Party, the U.S. Supreme Court denied a petition for writ of certiorari after rulings in favor of the defendants in the lower courts.

Georgia:

  • In Wood v. Raffensperger, the U.S. Supreme Court denied attorney Lin Wood’s petition for writ of certiorari following rulings in favor of the defendants in the lower courts.

Michigan:

  • In King v. Whitmer, a case filed by Sidney Powell’s legal team, the U.S. Supreme Court denied a petition for writ of certiorari following rulings in favor of the defendants in the lower courts.

Pennsylvania:

  • In Kelly v. Pennsylvania, the U.S. Supreme Court denied a petition for writ of certiorari following rulings in favor of the defendants in the lower courts.
  • In Pennsylvania Republican Party v. Degraffenreid, the U.S. Supreme Court denied a petition for writ of certiorari after rulings in favor of the defendants in the lower courts. Justices Thomas and Alito wrote dissents, beginning at p. 25 of the Court’s order list. Justice Gorsuch joined Justice Alito’s dissent.
  • The case of Bognet v. Degraffenreid remains pending at the U.S. Supreme Court on a petition for writ of certiorari. Responses from Pennsylvania’s Secretary of State and the Democratic National Committee are due by March 15. At issue in the case is whether the Pennsylvania Supreme Court usurped the power of the Pennsylvania General Assembly by extending the absentee ballot receipt deadline. The appellants assert that the Pennsylvania Supreme Court’s ruling violated various provisions of the U.S. Constitution.

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. 26. UPDATE: The Supreme Court denied the petition in its March 1 order list.
  • The case of Trump v. Biden, the U.S. Supreme Court denied the Trump campaign’s petition for writ of certiorari following an adverse ruling by the Wisconsin Supreme Court regarding the campaign’s requested recount.
  • 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. The case will be distributed for conference on March 5.