No. 20A28
Title:Republican National Committee, et al., Applicants
Common Cause Rhode Island, et al.
Docketed:August 10, 2020
Lower Ct:United States Court of Appeals for the First Circuit
   Case Numbers:(20-1753)
   Decision Date:
   Rehearing Denied:
  Discretionary Court Decision Date:

DateProceedings and Orders
Aug 10 2020Application (20A28) for a stay, submitted to Justice Breyer.
Main DocumentLower Court Orders/OpinionsProof of Service
Aug 10 2020Response to application (20A28) requested by Justice Breyer, due Tuesday, August 11, 2020, by 5 p.m. ET.
Aug 11 2020Response to application from respondents Nellie Gorbea, Rhode Island Secretary of State, et al. filed.
Main Document
Aug 11 2020Response to application from respondents Common Cause Rhode Island, et al. filed.
Main DocumentMain DocumentProof of Service
Aug 12 2020Reply of applicants Republican National Committee, et al. filed.
ReplyProof of Service
Aug 13 2020Application (20A28) referred to the Court.
Aug 13 2020Application (20A28) denied by the Court. The application for stay presented to Justice Breyer and by him referred to the Court is denied. Unlike Merrill v. People First of Alabama, 591 U. S. ___ (2020), and other similar cases where a State defends its own law, here the state election officials support the challenged decree, and no state official has expressed opposition. Under these circumstances, the applicants lack a cognizable interest in the State’s ability to “enforce its duly enacted” laws. Abbott v. Perez, 585 U. S. ___, ___ n. 17 (2018). The status quo is one in which the challenged requirement has not been in effect, given the rules used in Rhode Island’s last election, and many Rhode Island voters may well hold that belief. Justice Thomas, Justice Alito, and Justice Gorsuch would grant the application.

Attorneys for Petitioners
Thomas Ryan McCarthy
    Counsel of Record
Consovoy McCarthy PLLC
1600 Wilson Boulevard
Suite 700
Arlington, VA 22209
Party name: Republican National Committee, et al.
Attorneys for Respondents
Michael Courtney Keats
    Counsel of Record
Fried, Frank, Harris, Shriver & Jacobson LLP
One New York Plaza
New York, NY 10004
(212) 859-8914
Party name: Common Cause Rhode Island, et al.
Michael W. Field
    Counsel of Record
Department of Attorney General
150 South Main Street
Providence, RI 02903
Party name: Board of Elections and Secretary of State