On March 7, 2022, Kaplan Hecker & Fink attorneys Joshua Matz and Raymond Tolentino and law clerk Ally Daniels won a unanimous ruling at the U.S. Supreme Court on behalf of Pennsylvania’s Governor and Acting Secretary of State in Toth v. Chapman, a challenge to the congressional map recently issued by Pennsylvania’s Supreme Court. Citing the Elections Clause of the U.S. Constitution—as well as a rarely-invoked federal statute—the plaintiffs in this case filed an emergency application with Justice Alito seeking an injunction that would require Pennsylvania to conduct at-large, statewide congressional elections. In a 40-page opposition brief filed three days later by Joshua Matz as Counsel of Record (and joined by co-counsel, as well as attorneys from the Pennsylvania Office of Attorney General), the Governor and Acting Secretary explained that the plaintiffs’ claims failed on the merits and offended principles of equity. Ultimately, the Supreme Court unanimously rejected the plaintiffs’ emergency application, instead requiring the case to proceed in the ordinary course before a three-judge district court in the Middle District of Pennsylvania, where Kaplan Hecker will continue its representation of the Governor and the Acting Secretary.
This case is another example of KHF’s commitment to protecting the freedom and fairness of our democratic process. That work continues at the local, state, and national level.
You can read our full opposition brief here.