Case Updates: Dec. 21-25

27 Dec Case Updates: Dec. 21-25

Arizona:

• Bowyer v. Ducey, a case filed by Sidney Powell’s legal team, remains on appeal at the Ninth Circuit after a district judge’s ruling in favor of the defendants. As of now, party briefs are not due until well after the Presidential inauguration.
• 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 at the U.S. Supreme Court after rulings in favor of the defendants at the courts below. As of now, a response brief is due by Jan. 14.

District of Columbia:

• In Wisconsin Voters Alliance v. Pence, the plaintiffs filed a complaint in D.C. federal district court asserting 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. The plaintiffs also allege that laws in Arizona, Georgia, Michigan, Pennsylvania, and Wisconsin are unconstitutional delegations of post-election Presidential elector certification duties to executive branch officials. The lawsuit seeks a court order enjoining Vice President Pence from counting Presidential elector votes unless state legislatures affirmatively vote to certify their states’ Presidential electors.

Georgia:

• In Pearson v. Kemp, a case filed by Sidney Powell’s legal team, a petition for writ of certiorari and motion for expedited consideration remain pending at the U.S. Supreme Court. As of now, a response brief is due by Jan. 14.
• The case of Still v. Raffensperger remains pending in Fulton County Superior Court, the complaint having been filed on Dec. 17. The plaintiffs allege various violation of Georgia constitutional and statutory law in the running of the November election. The plaintiffs seek a court order decertifying the state’s Presidential election results.
• In Wood v. Raffensperger, a petition for writ of certiorari and motion to expedite consideration remain pending at the U.S. Supreme Court. As of now, a response brief is due by 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. As of now, a response brief is due by Jan. 14.
• In Michigan Welfare Rights Organization v. Trump, the plaintiffs amended their complaint to add a claim that the President violated the Ku Klux Klan Act in allegedly pressuring state legislatures to override the popular vote and appoint Presidential electors. This new claim adds to the original allegation of a Voting Rights Act violation.

New Mexico:

• The case of Donald Trump for President v. Toulouse Oliver remains pending in federal district court in New Mexico. The campaign seeks a court order vacating certification of the state’s Presidential election results. The plaintiffs filed an amended complaint on Dec. 22.

Pennsylvania:

• The Trump campaign’s petition for writ of certiorari and a motion for expedited consideration are pending in the U.S. Supreme Court in four Pennsylvania Supreme Court cases decided in October and November: In re Canvassing Observation, In re: Canvass of Absentee and Mail-In Ballots, In re: November 3, 2020 General Election, and In re: 2,349 Ballots in the 2020 General Election.
• In Pennsylvania Republican Party v. Boockvar, a motion for writ of certiorari remains pending in the U.S. Supreme Court. The parties have submitted their briefs and the case has been distributed for conference on Jan. 8.

Texas:

• In Gohmert v. Pence, Texas Congressman Louie Gohmert and other plaintiffs filed a complaint in federal district court asserting that the elector dispute resolution provisions of the Electoral Count Act, 3 U.S.C. 5 and 3 U.S.C. 15, violate the Electors Clause and the Twelfth Amendment of the U.S. Constitution; The plaintiffs ask for a declaratory judgment finding that under the Twelfth Amendment Vice President Pence has exclusive authority and sole discretion to determine which electoral votes to count for a given state.

Wisconsin:

• Feehan v. Wisconsin Elections Commission, a case filed by Sidney Powell’s legal team, remains pending on appeal at the Seventh Circuit U.S. Court of Appeals after a district judge’s ruling in favor of the defendants. As of now, appellant’s brief is due by Jan. 19.
• In Trump v. Wisconsin Elections Commission, a three-judge panel of the Seventh Circuit Court of Appeals affirmed a district judge’s decision denying relief to the Trump campaign.