No. 23-1162

Dawn Keefer, et al. v. Joseph R. Biden, Jr., President of the United States, et al.

Lower Court: Third Circuit
Docketed: 2024-04-26
Status: Denied
Type: Paid
Amici (11)Response Waived Experienced Counsel
Tags: civil-rights coleman-precedent due-process election-law elections judicial-review legislative-process legislative-standing separation-of-powers standing vote-nullification
Key Terms:
AdministrativeLaw SocialSecurity Privacy JusticiabilityDoctri
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Whether state legislators have standing to challenge executive actions that nullify their votes on specific legislation

Question Presented (OCR Extract)

QUESTIONS PRESENTED In Pennsylvania, 27 state legislators, attempting to guard their duty to determine the manner of federal elections, have been denied standing due to the conflation of this Court’s holdings in Raines, Coleman, and Virginia House of Delegates. As in Coleman, these executive actions nullified the legislators’ votes that were sufficient to enact or defeat specific state laws. A nationwide conflict over individual state legislator standing exists between appellate courts relying on Coleman (1939) and other courts’ interpretations. 1. Whether the lower court erred because “Coleman stands ... ‘for the proposition that [state] legislators whose votes would have been sufficient to defeat (or enact) a specific legislative Act have standing to sue if that legislative action goes into effect (or does not go into effect), on the ground that their votes have been completely nullified.” Virginia House of Delegates v. Bethune-Hill, 139 Sect. 1945, 1954 (2019), quoting Raines v. Byrd, 521 U.S. 811, 823 (1997) (referring to Coleman v. Miller, 307 U.S. 433 (1939)). 2. Whether the definition of “sufficient to defeat or enact” referenced in Coleman includes only final votes or votes throughout the entire lawmaking process including votes in legislative committees that defeat legislation, and if “plaintiff's injury in the nullification of his personal vote continues to exist whether or not other legislators who have suffered the same injury decide to join in the suit.” Silver v. Pataki, 755 N.E.2d 842, 848-49 (N.Y. 2001).! ! The petitioners seek expedited consideration of the individual legislative standing issue before the Court. So, if they prevail, they can possibly obtain a preliminary injunction in the district court well before the November 2024 election. i

Docket Entries

2024-10-07
Petition DENIED.
2024-10-07
Motion for leave to file amicus brief filed by Claremont Institute's Center for Constitutional Jurisprudence DENIED.
2024-10-07
Motion for leave to file amicus brief filed by PA Fair Elections DENIED.
2024-10-07
Motion for leave to file amici brief filed by Members of the U.S. House of Representatives DENIED.
2024-10-07
Motion for leave to file amici brief filed by Secretaries of State of West Virginia, et al. DENIED.
2024-10-07
Motion for leave to file amici brief filed by Members Michigan Fair Elections and Wisconsin Voter Alliance DENIED.
2024-06-12
DISTRIBUTED for Conference of 9/30/2024.
2024-05-28
Waiver of right of respondents Biden, Joseph, et al. to respond filed.
2024-05-28
Motion for leave to file amici brief filed by Members Michigan Fair Elections, et al.
2024-05-28
Motion for leave to file amici brief filed by Members of the U.S. House of Representatives.
2024-05-28
2024-05-28
Motion for leave to file amicus brief filed by Claremont Institute's Center for Constitutional Jurisprudence.
2024-05-28
Motion for leave to file amici brief filed by Secretaries of State of West Virginia, et al.
2024-05-28
Motion for leave to file amici brief filed by Members Michigan Fair Elections, et al..
2024-05-20
Motion to expedite consideration of petition for writ of certiorari before judgment and to expedite consideration of motion DENIED.
2024-04-29
Motion to expedite consideration of petition for writ of certiorari before judgment and to expedite consideration of motion to expedite filed by petitioners Dawn Keefer, et al.
2024-04-23
Petition for a writ of certiorari before judgment filed. (Response due May 28, 2024)

Attorneys

Biden, Joseph, et al.
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Claremont Institute's Center for Constitutional Jurisprudence
Anthony Thomas CasoConstitutional Counsel Group, Amicus
Anthony Thomas CasoConstitutional Counsel Group, Amicus
Dawn Keefer, et al.
Erick G. KaardalMohrman, Kaardal & Erickson P.A., Petitioner
Erick G. KaardalMohrman, Kaardal & Erickson P.A., Petitioner
Josh Shapiro et al.
Michael J. FischerPennsylvania Office of General Counsel, Respondent
Michael J. FischerPennsylvania Office of General Counsel, Respondent
Members Michigan Fair Elections and Wisconsin Voter Alliance
Roger Todd WootenHall Booth Smith, P.C., Amicus
Roger Todd WootenHall Booth Smith, P.C., Amicus
Members of the U.S. House of Representatives
Robert Joseph MuiseThe Muise Law Group, PLLC, Amicus
Robert Joseph MuiseThe Muise Law Group, PLLC, Amicus
PA Fair Elections
Joshua Garet PrinceCivil Rights Defense Firm, P.C., Amicus
Joshua Garet PrinceCivil Rights Defense Firm, P.C., Amicus
Secretaries of State of West Virginia, et al.
Stephen Robert ConnollyConnolly Advisory Group, L.C., Amicus
Stephen Robert ConnollyConnolly Advisory Group, L.C., Amicus