A group of Pennsylvania state legislators have taken their fight for the right to sue President Biden over his election executive order to the Supreme Court. (PAUL J. RICHARDS/AFP via Getty Images)
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 says that "each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress."
"As the Court has stated, when cases involve federal elections, it ‘heightens the need for review' as [e]lections are ‘of the most fundamental significance under our constitutional structure," the petition states.
Biden’s Executive Order 14019 directed "executive departments and agencies" to "partner with State, local, Tribal, and territorial election officials to protect and promote the exercise of the right to vote, eliminate discrimination and other barriers to voting, and expand access to voter registration and accurate election information."
Erick Kaardal, attorney for the Key Stone State lawmakers, argued in legal filings that the executive order – among other things – directed the Department of Health and Human Services to facilitate voter registrations; the Department of Housing and Urban Development to instruct more than 3,000 public housing authorities to facilitate registration drives in those units; the Department of Education to push state schools to register students; and the U.S. Department of Agriculture to issue letters to state agencies that administer SNAP and WIC programs, instructing them to carry out voter-registration activities with federal funds.
President Biden signs an executive order in the East Room of the White House on Monday, Oct. 30, 2023. (Photo by Demetrius Freeman/The Washington Post via Getty Images)
The Foundation for Government Accountability (FGA), who filed an amicus brief in the case in lower court, said that "this is the most consequential legal issue in the country."
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"The outcome of this case could determine who holds the White House," Stewart Whitson, senior director of federal affairs at FGA told Fox News Digital.
The Supreme Court receives roughly 8,000 petitions a year and grants roughly 80 of those.
The Justice Department and White House did not immediately return Fox News Digital’s request for comment.
Brianna Herlihy is a politics writer for Fox News Digital.
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