Wisconsin Voter Alliance (WVA) and Michigan Fair Elections (MFE) file SCOTUS Brief of Amici Curie

WVA / MFE Joint Press Release

Biden Executive Order 14019 Takes Away Legislators’ Constitutional duty

 

Wisconsin Voter Alliance (WVA) and Michigan Fair Elections (MFE) file Brief of Amici Curie in support of Petitioners, 27 Pennsylvania state legislators (the “Keefer Legislators”)

MFE and WVA submit this brief in support of Petitioners, 27 Pennsylvania state legislators (the “Keefer Legislators”), who are uniquely positioned to enforce their constitutional rights and should have standing to protect the Time, Place, and Manner of Pennsylvania’s elections. See Const., art. I, § 4. As a group of legislators who are particularly concerned about election integrity, they seek to challenge what they believe to be executive overreach and encroachment on the constitutional prerogatives of state legislatures. Petitioners present a narrow and distinct argument that distinguishes this case from prior cases that have denied standing to legislators.

 

Finding that the Keefer Legislators lack standing to challenge usurpations of the “Time, Place, and Manner” of Elections under the Elections Clause—as the district court did—denies citizens who voted for these legislators their right to participate in the electoral process. This is a fundamental question that impacts the separation of powers the Founding Fathers established. The Keefer Legislators should be allowed to exercise their constitutional duties, rights, and responsibilities and have standing to challenge EO 14019.

 

Whether the Keefer Legislators have standing has far-reaching consequences. If they have standing, states will continue to be able to exercise their constitutionally-granted rights to direct the Time, Place, and Manner of elections and thus preserve election integrity. If they do not, the Elections Clause will essentially be rendered null and void, and all election issues might ultimately be decided by executive order. 

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