No. 20-___ In the Supreme Court of the United States MIKE KELLY, U.S. Congressman; SEAN PARNELL; THOMAS A. FRANK; NANCY KIERZEK; DEREK MAGEE; ROBIN SAUTER; MICHAEL KINCAID; and WANDA LOGAN, Applicants, v. COMMONWEALTH OF PENNSYLVANIA; PENNSYLVANIA GENERAL ASSEMBLY; THOMAS W. WOLF, in his official capacity as Governor of the Commonwealth of Pennsylvania; and KATHY BOOCKVAR, in her official capacity as Secretary of the Commonwealth of Pennsylvania, Respondents. EMERGENCY APPLICATION FOR WRIT OF INJUNCTION PENDING THE FILING AND DISPOSITION OF A PETITION FOR A WRIT OF CERTIORARI To the Honorable Samuel A. Alito, Jr., Associate Justice of the Supreme Court of the United States and Circuit Justice for the Third Circuit Gregory H. Teufel Counsel of Record OGC Law, LLC 1575 McFarland Rd. Suite 201 Pittsburgh, PA 15216 Telephone: (412) 253-4622 Email:
[email protected] Counsel for Applicants/Petitioners December 3, 2020 QUESTIONS PRESENTED 1. Do the Elections and Electors Clauses of the United States Constitution permit Pennsylvania to violate its state constitution’s restrictions on its lawmaking power when enacting legislation for the conduct of federal elections? 2. Do the First and Fourteenth Amendments to the U.S. Constitution permit the dismissal of Petitioners’ claims with prejudice, on the basis of laches, where doing so foreclosed any opportunity for Petitioners to seek retrospective and prospective relief for ongoing constitutional violations? PARTIES TO THE PROCEEDING All parties listed in the caption. RELATED PROCEEDINGS BELOW Pennsylvania Supreme Court • The Honorable Mike Kelly, et al. v. Commonwealth of Pennsylvania, et al., Civ. Action No. 68 MAP 2020 (Pa.) – the court entered an opinion granting Respondents’ application for extraordinary jurisdiction, vacating the Commonwealth Court’s November 25, 2020 order and dismissing the Petition for Review with prejudice on November 28, 2020.