No. 20- IN THE Supreme Court of the United States PAUL RODRIGUEZ, ROCKY CHAVEZ, LEAGUE OF UNITED LATIN AMERICAN CITIZENS, & CALIFORNIA LEAGUE OF UNITED LATIN AMERICAN CITIZENS, Petitioners, v. GAVIN NEWSOM, GOVERNOR OF CALIFORNIA, & JAMES SCHWAB, ACTING SECRETARY OF STATE OF CALIFORNIA, IN THEIR OFFICIAL CAPACITIES, Respondents. On Petition for Writ of Certiorari to the Ninth Circuit Court of Appeals PETITION FOR A WRIT OF CERTIORARI James P. Denvir III David Boies BOIES SCHILLER FLEXNER LLP Counsel of Record 1401 New York Ave., NW BOIES SCHILLER FLEXNER LLP Washington, DC 20005 333 Main Street (202) 237-2727 Armonk, NY 10504
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[email protected] Luis Roberto Vera Jr. LUIS VERA JR. & ASSOCIATES L. Lawrence Lessig 1325 Riverview Towers EQUAL CITIZENS 111 Soledad 12 Eliot Street San Antonio, TX 78205 Cambridge, MA 02138 (210) 225-3300 (617) 496-1124
[email protected] [email protected] Attorneys for Petitioners i QUESTIONS PRESENTED Petitioners are two California Republicans and two non-profit organizations who have alleged their votes for President and Vice President are diluted by California’s use of the so-called winner-take-all system. That system, by law, results in the appointment of members of only one political party to the Nation’s largest electoral college delegation. The Ninth Circuit held that a claim brought under the Equal Protection Clause was properly dismissed because it was governed by a summary affirmance from over fifty years ago. It dismissed a claim brought under the First Amendment