No. 20-882

Donald J. Trump, et al. v. Joseph R. Biden, et al.

Lower Court: Wisconsin
Docketed: 2021-01-04
Status: Denied
Type: Paid
Response Waived
Tags: absentee-ballot article-ii constitutional-interpretation election-law first-amendment fourteenth-amendment judicial-review laches legislative-intent state-courts voter-fraud wisconsin-legislature
Key Terms:
DueProcess FirstAmendment JusticiabilityDoctri
Latest Conference: 2021-02-19
Question Presented (from Petition)

1. Whether it violates Article II of the Constitution, as well as the First and Fourteenth Amendments, for state courts, on review of a post-election challenge to the specific ballots cast in a presidential election, to invoke the non-statutory, judge-made doctrine of laches to require the counting of ballots that the Legislature has expressly directed "may not be counted."

2. Whether the Wisconsin Supreme Court violated Article II by upholding the counting of 50,125 absentee ballots cast in two counties pursuant to the decisions of election officials to ignore or circumvent state statutes requiring that absentee ballots be delivered only by mail or by hand delivery to the clerk; that photo i.d. be supplied to obtain an absentee ballot (with limited, inapplicable exceptions); and that absentee-ballot envelopes must contain all statutorily required information and may not be altered once delivered.

3. Whether this Court should set aside the election result in Wisconsin, as not produced in the "Manner" directed by the Legislature, and hence as "failed" within the meaning of 3 U.S.C. § 2, thus affording the Wisconsin Legislature explicit statutory authority to appoint presidential electors to represent Wisconsin.

Question Presented (AI Summary)

Whether it violates Article II of the Constitution, as well as the First and Fourteenth Amendments, for state courts to invoke the non-statutory, judge-made doctrine of laches to require the counting of ballots that the Legislature has expressly directed 'may not be counted'

Docket Entries

2021-03-26
Amicus brief of Todd C. Bank submitted.
2021-02-22
Petition DENIED.
2021-01-27
DISTRIBUTED for Conference of 2/19/2021.
2021-01-25
Waiver of right of respondents Milwaukee County Clerk, Milwaukee County Board of Canvassers to respond filed.
2021-01-21
Waiver of right of respondents Joseph R. Biden and Kamala D. Harris to respond filed.
2021-01-20
Waiver of right of respondents Dane County Clerk and Dane County Board of Canvassers to respond filed.
2021-01-15
Waiver of right of respondents Ann S. Jacobs, et al. to respond filed.
2021-01-11
Motion to expedite consideration filed by petitioners DENIED
2020-12-29
Petition for a writ of certiorari filed. (Response due February 3, 2021)
2020-12-29
Motion to expedite consideration of the petition for a writ of certiorari filed by petitioners.

Attorneys

Ann S. Jacobs and Wisconsin Elections Commission
Thomas Charles BellaviaWisconsin Department of Justice, Respondent
Dane County Clerk and Dane County Board of Canvassers
David Ray GaultDane County Corporation Counsel, Respondent
Donald J. Trump, et al.
James Roberts TroupisTroupis Law Office LLC, Petitioner
Joseph R. Biden and Kamala D. Harris
John M. DevaneyPerkins Coie LLP, Respondent
Milwaukee County Clerk, Milwaukee County Board of Canvassers
Andrew Alston JonesHansen Reynolds LLC, Respondent
Todd C. Bank
Todd Charles BankTodd C. Bank; Todd C. Bank, Attorney at Law, P.C., Amicus