The U.S. Supreme Court will consider whether to hear Tedards v Ducey, 19-1427, at its December 11 conference. This is the Arizona case on whether Governors can appoint replacement U.S. Senators to a term greater than two years. On August 25, 2018, U.S. Senator John McCain had died, and Arizona decided not to hold a special election until November 2020. Some Arizona voters had argued that states must hold odd-year special elections in circumstances like that, but the lower federal courts upheld the state.

On December 7, the U.S. Supreme Court refused to take up the case Kelly v Commonwealth of Pennsylvania, 20A98. Justice Samuel Alito had referred the case to the entire court, which then rejected it without noted dissent from any justice.

The Minnesota Secretary of State has not filed any response in De La Fuente v Simon, 20-612. This is Rocky De La Fuente’s challenge to the Minnesota presidential primary law that says the party has complete control over which presidential candidates may get on its ballot. In 2020, President Trump was the only name on the Minnesota presidential primary ballot, because that was what the Minnesota Republican Party wanted.

The state’s response was due December 7, but nothing was filed. It is not unusual for states to fail to respond to cert petitions, although generally the state at least tells the U.S. Supreme Court that it won’t be responding. Minnesota didn’t even do that.

If the U.S. Supreme Court is interested in this case, it will ask Minnesota to respond.