A lawsuit challenging the constitutionality of President Biden’s voting access executive order is expected to reach the Supreme Court soon, in what some experts are calling the “most important legal issue” heading into the November election. .
A group of Pennsylvania state legislators has sued Biden and several federal agencies over Executive Order 14019, which the president issued in March 2021 on “Advancing Access to Voting.”
The 27 Republicans who are members of the State Freedom Caucus said the order was essentially an administration vote-getting operation targeting key demographics to benefit the president’s party and his own re-election, and that Congress would argued that it was unconstitutional. There has never been a law that would allow such action from the Oval Office.
Last month, a judge ruled that the lawmakers lacked standing to sue and dismissed the lawsuit. But the group’s lawyers say they intend to appeal to the Supreme Court.
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supreme court (AP Photo/Jacqueline Martin/File)
“We think it’s very important that President Biden is held accountable,” Eric Kardal, a lawyer for the lawmakers, said in an interview on Fox News Digital.
“For him to violate such a big law when all the little people are supposed to obey the law, even the little law…I think President Biden is going to do this for his own re-election. “It’s clear that he issued an executive order without the enactment of Congress. It’s ridiculous,” Kardal said.
Pennsylvania Gov. Josh Shapiro, a Democrat, issued a statement calling the ruling a “huge defeat” for the Republicans’ “frivolous” lawsuit.
“In 2020, I defeated Donald Trump and his conspiracy theorists in court more than 40 times to protect Pennsylvanians’ votes and access to the ballot box,” Shapiro said, adding, “Their frivolous “We’ve done it again,” he added, adding, “By provoking such efforts, we’ve done it again.” Ending automatic voter registration in our commonwealth was rejected. ”
Executive Order 14019 states, “Executive departments and agencies shall provide state, local , and should work with tribal and territorial election officials.” Accurate election information. ”
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Pennsylvania lawmakers have filed a lawsuit over President Biden’s “Advancing Access to Voting” Executive Order 14019. (Paul J. Richards/AFP via Getty Images/File)
Kaardal argued in legal filings that the executive order, among other things, directed the Department of Health and Human Services to facilitate voter registration. The Department of Housing and Urban Development will direct more than 3,000 public housing authorities to facilitate the registration of these units. The Ministry of Education will encourage state schools to register students. The U.S. Department of Agriculture then issued a letter to state agencies that administer the SNAP and WIC programs directing them to use federal funds to conduct voter registration efforts.
The complaint also claims that the executive order was “primarily drafted by third-party nongovernmental organizations,” pointing to the left-wing policy group Demos, which boasts of “moving progressive issues from the movement to the mainstream.” ing.
“The executive action taken by the President invalidates the votes of individual members, violates the Electoral Clause, violates the Elections Clause, and deprives members of certain rights,” the court documents state. It is being
The Elections Clause provides that “the times, places, and manner of holding elections for senators and representatives shall be prescribed by the legislature of each state.”
Talen Bragdon, president and CEO of the Foundation for Government Accountability (FGA), which filed amicus briefs in the case, said: “It’s no wonder they target the people on welfare who receive funding.” -Voting initiatives. ”
“If they are allowed to fully implement their plan, it could significantly sway the outcome of the election,” he said.
Opportunity Solutions Project, the FGA’s advocacy arm, found in a study released in February 2023 that Democrats score an average of 30 points among welfare recipients.
”[D]Democrats believe voters who are enrolled in welfare programs such as food stamps and Medicaid have a significant advantage. In fact, Democrats see a more than 30 percentage point increase in their vote share among voters who are on welfare compared to low-income voters who have never been on welfare,” the study says. ing.
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President Biden and former President Trump (Getty Images/File)
“All federal agencies that the FGA has so far identified as taking active steps to implement EO 14019 have one thing in common: large swathes of voters who have historically voted Democratic. provides government benefits and other services,” the group’s friends of the court wrote in their brief.
”[T]This broad directive directs all executive agencies of the federal government (except independent agencies) to conduct voter registration and mobilization activities, whether or not they are authorized under federal law; I ordered him to do this. “We will issue orders in coordination with third-party organizations that have been ‘approved’ by the current administration,” the FGA said in its amicus curiae brief.
“What’s worse, this effort is proceeding in secret despite repeated and vocal calls for transparency from dozens of legislators, state attorneys general, and secretaries of state,” the brief said. It is being
The FGA is currently filing a lawsuit against the Department of Justice over FOIA-requested documents regarding the implementation status of the executive order.
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“This is the most important legal issue in this country so far heading into November. The outcome of this case and others like it will determine how much weight the Biden administration’s thumb will weigh in the electoral scales.” It will be decided,” Bragdon said.
Mr. Kaardal believes that his client is the “clear winner” on the merits and that existing precedent in the High Court will determine his client’s position, so he recommends the Supreme Court before proceeding with the case in the lower courts. He said he hopes the court will consider it.
He also said that according to the so-called Purcell doctrine, named after a 2006 election case, the Supreme Court said courts should not change election rules too close to an election. Kaardal hopes to petition the high court in the coming days to temporarily resolve the issue by suspending the executive order while the case progresses in lower courts.
The Justice Department, which is arguing the case on behalf of the Biden administration, did not immediately respond to Fox News Digital’s request for comment.
