A group of Pennsylvania state legislators have filed a petition for writ of certiorari with the Supreme Court, seeking standing in a case challenging President Biden’s Executive Order 14019 on “promoting access to voting.” The legislators argue that the EO is essentially an executive get-out-the-vote effort targeting key demographics to benefit the president’s party and re-election, which they claim is unconstitutional. They are asking the court to allow them to sue to stop federal and state executive usurpations of Pennsylvania state law, citing the Elections Clause and Electors Clause. The legislators argue that the court declaring individual state legislator standing in this case is necessary for the 2024 election.
The Elections Clause states that the “times, places, and manner of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof.” The Electors Clause mandates that each state appoint a number of electors as directed by the state legislature. The Keystone State lawmakers argue that because elections are of fundamental significance under the constitutional structure, the court should review the case to ensure the legality of the executive order. Executive Order 14019 directed various departments and agencies to partner with election officials to protect and promote voting rights, eliminate barriers to voting, and expand access to voter registration and election information.
The legislators’ attorney, Erick Kaardal, highlighted that Biden’s executive order directed different government departments to facilitate voter registrations, registration drives, and voter-registration activities using federal funds. The foundation for Government Accountability also filed an amicus brief in the case, calling it the most consequential legal issue in the country. The outcome of the case could potentially determine the outcome of future presidential elections. The legislators argue that each individual legislator has the right to protect their constitutional duty to craft rules governing federal elections and that the executive branch should not be allowed to strip them of their constitutional rights.
The legislators maintain that Biden’s executive order denies them their right to oversee and participate in making legislative decisions regulating federal elections, as granted to them by the Constitution. The petition argues that members of the executive branch should not be permitted to strip state legislators of their representative rights of the people. The petition also accuses the Biden administration of using taxpayer funds to help his own campaign with a student voter registration scheme, further supporting the legislators’ claims of unconstitutional actions. The legislators argue that the court’s decision in this case is crucial for upholding the integrity of the election process and preventing any executive overreach in the future.
The Supreme Court receives thousands of petitions each year but grants only a small fraction of those. The Justice Department and White House did not immediately respond to requests for comment on the case. Progressive activists have celebrated after thousands of Democrats cast protest votes against Biden, indicating potential dissatisfaction with his administration’s actions. The Pennsylvania legislators’ fight for standing in this case highlights the ongoing legal battles surrounding voting rights and executive orders in the United States, with potentially far-reaching consequences for future elections and the balance of power in the country.
