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
 
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 Document Lower Court Orders/Opinions Proof 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)
Oct 15 2019 Blanket Consent filed by Petitioners, Peter Bret Chiafalo, et al.
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.
Nov 08 2019 Brief of respondent Washington in opposition filed.
Nov 08 2019 Brief of respondent Washington in opposition filed. (February 10, 2020 - PDF with appendix provided)
Nov 08 2019 Brief amicus curiae of Vinz Koller filed.
Nov 22 2019 Reply of petitioners Peter Bret Chiafalo, et al. filed.
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.
Feb 11 2020 Blanket Consent filed by Colorado Department of State. VIDED.
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.
Feb 11 2020 Blanket Consent filed by Washington. VIDED.
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).
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).
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.
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.
Mar 06 2020 Brief amicus curiae of Professor Derek T. Muller in support of neither party filed. VIDED.
Mar 06 2020 Brief amici curiae of Michael L. Rosin, et al. filed. VIDED.
Mar 06 2020 Brief amicus curiae of Independence Institute filed. VIDED
Mar 09 2020 Brief amicus curiae of Professor Edward B. Foley in support of neither party filed. VIDED
Mar 09 2020 Brief amicus curiae of Jerry H. Goldfeder filed. VIDED.
Mar 09 2020 Brief amicus curiae of Making Every Vote Count Foundation in support of neither party filed. VIDED.
Mar 09 2020 Brief amicus curiae of Vinz Koller filed. VIDED.
Mar 09 2020 Brief amicus curiae of Professor Michael T. Morley in support of neither party filed. VIDED.
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.
Mar 19 2020 CIRCULATED
Apr 01 2020 Brief of respondent Washington filed. (Distributed)
Apr 03 2020 ORAL ARGUMENT POSTPONED.
Apr 07 2020 Brief amicus curiae of Public Citizen, Inc. filed. (Distributed)
Apr 08 2020 Brief amici curiae of South Dakota and 44 States and the District of Columbia filed. VIDED. (Distributed)
Apr 08 2020 Brief amici curiae of Campaign Legal Center and Issue One filed. VIDED. (Distributed)
Apr 08 2020 Brief amicus curiae and appendix of Professor Robert W. Bennett filed. VIDED. (Distributed)
Apr 08 2020 Brief amicus curiae of The Republican National Committee filed. VIDED. (Distributed)
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)
May 12 2020 Letter from counsel for petitioner filed. (Distributed)
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.
Attorneys
Attorneys for Petitioner
Lawrence Lessig
Counsel of Record
1563 Massachusetts Avenue
Cambridge, MA 02138

lessig@lessig.law
Ph: 6174968853
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
Ph: 7205086548
Party name: Colorado Department of State


Attorneys for Respondents
Office of the Attorney General
Counsel of Record
Office of the Attorney General
1125 Washington Street, SE
P.O. Box 40100
Olympia, WA 98504-0100

noah.purcell@atg.wa.gov
Ph: 360-753-6200
Party name: Washington


Other Attorneys
Jessica Ring Amunson
Jenner & Block LLP
1099 New York Avenue NW
Suite 900
Washington, DC 20001

JAMUNSON@JENNER.COM
Ph: 202-639-6000
Party name: Professor Edward B. Foley


Andrew John Dhuey
456 Boynton Avenue
Berkeley, CA 94707

ajdhuey@comcast.net
Ph: (510) 528-8200
Party name: Vinz Koller


Michael Nicholas Donofrio
Stris & Maher LLP
15 East State Street, 2d Floor
Montpelier, VT 05602

mdonofrio@stris.com
Ph: 8028584465
Party name: Michael L. Rosin & David G. Post


Jerrold Joseph Ganzfried
Ganzfried Law
5335 Wisconsin Avenue, NW Suite 440
Washington, DC 20015

JJG@ganzfriedlaw.com
Ph: 202-486-2004
Party name: Making Every Vote Count Foundation


Jerry H. Goldfeder
Stroock & Stroock & Lavan LLP
180 Maiden Lane
New York, NY 10038

jgoldfeder@stroock.com
Ph: 212-806-5857
Party name: Jerry H. Goldfeder


David Benjamin Kopel
Independence Institute
727 East 16th Avenue
Denver, CO 80203

david@i2i.org
Ph: 3032796536
Party name: Independence Institute


Tobias Samuel Loss-Eaton
Sidley Austin LLP
1501 K Street NW
Washington, DC 20005

tlosseaton@sidley.com
Ph: 2027368427
Party name: Campaign Legal Center and Issue One


Michael T. Morley
Florida State University College of Law
425 W. Jefferson Street
Roberts Hall, Office 313
Tallahassee, FL 32301

michaelmorleyesq@hotmail.com
Ph: 8607783883
Party name: Professor Michael T. Morley


Scott Lawrence Nelson
Public Citizen Litigation Group
1600 20th Street, N.W.
Washington, DC 20009

SNELSON@CITIZEN.ORG
Ph: 202-588-1000
Party name: Public Citizen, Inc.


Rita Martin Peters
Attorney at Law
5850 San Felipe
Suite 575A
Houston, TX 77057

rpeters@cosaction.com
Ph: 5408301229
Party name: Citizens for Self-Governance


Ian Seth Speir
Covenant Law PLLC
13395 Voyager Pkwy.
#130-732
Colorado Springs, CO 80921

ian@covtlaw.com
Ph: 7194284937
Party name: Professor Derek T. Muller


Paul S. Swedlund
Office of the Attorney General
1302 E. Highway 14, Suite 1
Pierre, SD 57501-8501

paul.swedlund@state.sd.us
Ph: 6057733215
Party name: South Dakota and 44 States and the District of Columbia


Jack Samuel Tenenbaum
Bluhm Legal Clinic
Northwestern Pritzker School of Law 375 East Chicago Avenue
Chicago, IL 06011

s-tenenbaum@law.northwestern.edu
Ph: (312) 503-4808
Party name: Professor Robert W. Bennett


Michael Eugene Toner
Wiley Rein LLP
2050 M Street NW
Washington, DC 20036

mtoner@wiley.law
Ph: 2027197545
Party name: The Republican National Committee