The U.S. Supreme Court will consider whether to hear Rogers v Cortez on Monday, September 24, 2007. This is the Court’s first day back from its summer vacation. Rogers v Cortes (which has also sometimes been known as Rogers v Corbett) is the case filed by the Green and Constitution Parties of Pennsylvania, and by activists of the Libertarian Party of Pennsylvania, against the law that says even though a party is qualified (because it polled 2% of the vote in the last election), is should be treated as though it isn’t qualified for ballot access purposes, unless it has registration membership of 15% of the state total. If the Pennsylvania law existed in Utah, the Democratic Party would be off the ballot; if the Pennsylvania law existed in the District of Columbia and Massachusetts, the Republican Party would be off the ballot.

The Pennsylvania Attorney General has already waived his right to respond to the plaintiffs’ request that the Court hear the case. The Center for Competitive Democracy will be filing an amicus curiae brief in a few days, also asking the Court to hear the case. The Center for Competitive Democracy brief will point out that this case involves voters’ rights as well as the rights of candidates and parties. The CCD brief will contain evidence that write-in votes in some counties in Pennsylvania are routinely not counted. Printing for the CCD brief is paid for by COFOE (the Coalition for Free & Open Elections). COFOE thanks everyone who has contributed for this purpose.