OF THE UNITED STATES
No. 20A98
Title: Mike Kelly, United States Congressman, et al., Applicants v. Pennsylvania, et al
Docketed: December 3, 2020
Lower Ct: Supreme Court of Pennsylvania, Middle District
DATE PROCEEDINGS AND ORDERS
Dec 03 2020 Application (20A98) for injunctive relief, submitted to Justice Alito.
Dec 03 2020 Response to application (20A98) requested by Justice Alito, due Tuesday, December 8, by 9 a.m. (docket entry updated 12/6/20)
Dec 04 2020 Main Document of Landmark Legal Foundation submitted.
NAME
Attorneys for Petitioners
Gregory H. Teufel, Counsel of Record
Party name: Mike Kelly, et al.
ADDRESS
OGC Law, LLC
1575 McFarland Rd., Ste. 201
Pittsburgh, PA 15216
gteufel@ogclaw.net
PHONE
4122534622
NAME
Attorneys for Respondents
Jonathan F. Bloom, Counsel of Record
Party name: Pennsylvania General Assembly
ADDRESS
Stradley, Ronon, et al.
2005 Market Street
Suite 2600
Philadelphia, PA 19103
jbloom@stradley.com
PHONE
2155648065
NAME
Other
Richard Peter Hutchison, Counsel of Record
Party name: Landmark Legal Foundation
ADDRESS
Landmark Legal Foundation
3100 Broadway
Suite 1200
Kansas City, MO 64111
pete.hutch@landmarklegal.org
PHONE
8169315559
REFERENCE:
SUPREME COURT OF THE UNITED STATESMike Kelly, United States Congressman, et al., Applicants v. Pennsylvania, et al
Motion for Leave to File Amicus Brief, Motion for Leave to File Brief Under Rule 33.2, and Brief of Amicus Curiae Landmark Legal Foundation
No. 20A98
In the Supreme Court of the United States
MIKE KELLY, U.S. Congressman, et al., Applicants,
v.
COMMONWEALTH OF PENNSYLVANIA, et al., Respondents.
On Emergency Application for a Writ of Injunction Pending the Filing and Disposition of a Writ of Certiorari
I. THE COURT SHOULD GRANT APPLICANTS' INJUNCTION APPLICATION AND GRANT CERTIORARI TO RESOLVE WHETHER A STATE LEGISLATURE, WITH THE IMPRIMATUR OF ITS STATE SUPREME COURT, MAY VIOLATE ITS STATE CONSTITUTION IN THE EXERCISE OF AUTHORITY VESTED BY THE UNITED STATES CONSTITUTION.
A. U.S. Supreme Court Deference to State Supreme Court Decisions Does Not Extend to Decisions Overtly Contravening the State Constitution's Limits on the Legislature's U.S. Const. Art II, Section 1 Authority.
B. State Legislatures and State Courts Must Comply With State Constitutional Limitations, Particularly in the Exercise of Authority Vested by the United States Constitution.
II. THE PENNSYLVANIA SUPREME COURT'S DISMISSAL WITH PREJUDICE BASED ON LACHES VIOLATES APPLICANTS' FEDERAL DUE PROCESS AND EQUAL PROTECTION RIGHTS.
CONCLUSION
For the foregoing reasons, the Emergency Application for Writ oflnjunction Pending the Filing and Disposition of a Petition for Writ of Certiorari should be granted.
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