A group of Pennsylvania state legislators has taken their fight for the right to sue President Biden over his election executive order to the Supreme Court. The legislators argue that Biden’s Executive Order 14019 on “promoting access to voting” is an unconstitutional overreach that targets key demographics to benefit the President’s political party and own re-election. They filed a lawsuit challenging the EO, claiming that Congress never enacted a law that allows such action from the Oval Office. The legislators are asking the Supreme Court to give them standing in the case, as they believe they cannot effectively challenge federal and state executive actions related to Pennsylvania state law without the court’s involvement.
The petition filed by the legislators cites the Elections and Electors Clauses of the Constitution, which state that the timing, places, and manner of holding elections are to be determined by state legislatures, and each state shall appoint a number of electors in a manner directed by the legislature. The lawmakers argue that the executive order undermines their ability to oversee and participate in making legislative decisions regulating federal elections, which is their constitutional duty. They contend that the executive branch should not be allowed to strip them of these rights, as it undermines the representative rights of the people.
Biden’s Executive Order 14019 directs executive departments and agencies to work with state, local, tribal, and territorial election officials to protect and promote voting rights, eliminate barriers to voting, and expand access to voter registration and accurate election information. The legislators’ attorney argued that the order goes beyond promoting access to voting and includes actions like facilitating voter registrations through various government agencies. The lawmakers believe that the executive order interferes with their authority to craft rules governing federal elections, which is a duty granted to them by the Constitution.
The Foundation for Government Accountability (FGA) filed an amicus brief in the case, stating that this legal issue is one of the most consequential in the country and could impact the outcome of future elections, possibly determining who holds the White House. The Supreme Court receives thousands of petitions each year but grants only a small percentage of them. The justices will have to decide whether to hear the legislators’ case and determine the constitutionality of President Biden’s executive order. Both the Justice Department and the White House have not commented on the matter.
The legislators argue that they need the Supreme Court to grant them standing in the case to effectively challenge federal and state executive actions related to Pennsylvania state law. Without the court’s involvement, they believe they cannot protect their constitutional duty to craft rules governing federal elections. The lawmakers claim that Biden’s executive order undermines their authority and violates their representative rights as elected officials.
The outcome of this case could have significant implications for future elections and the balance of power in the country. The legislators and their supporters are seeking clarity from the Supreme Court on the constitutionality of President Biden’s executive order and their ability to challenge it. It remains to be seen whether the justices will grant the legislators standing in the case and decide to hear arguments on the matter. The issue of executive overreach and the balance of power between the branches of government is at the heart of this legal challenge.
