The Pennsylvania ballot access case filed in federal court on January 10, 2006, is still alive. The case lost in the 3rd circuit in August 2006, but the request for a rehearing en banc is still pending as of January 5, 2007. The case was originally called Rogers v Cortes but later the name was changed to Rogers v Corbett, no. 06-2241.

The 3rd circuit decision said states have an interest in keeping “non-viable” candidates off the ballot. Presumably, “non-viable” means candidates almost certain not to win. This is a radical doctrine, not supported by anything the U.S. Supreme Court has ever said. The request for a rehearing is before all ten full-time judges of the 3rd circuit. The original decision consisted of two part-time judges and only one full-time judge, but the two part-time judges have no vote as to whether the case should be reheard or not.