No. 25-7

Dawn Keefer, et al. v. Donald J. Trump, President of the United States, et al.

Lower Court: Third Circuit
Docketed: 2025-07-02
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: article-iii-standing constitutional-duty elections-clause federal-elections legislative-authority state-officials
Key Terms:
JusticiabilityDoctri
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Whether individual legislators have Article III standing to sue state and federal executive officials for altering the manner of federal elections in conflict with the individual legislators' successful votes to regulate the manner of federal elections in Pennsylvania pursuant to Article I's Elections Clause and Article II's Electors Clause

Question Presented (OCR Extract)

The Elections Clause expressly assigns state legislatures authority and duty to regulate federal elections: “[t]he Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof.” Art. I, § 4, cl. 1. State legislatures, composed of individual legislators, propose, and vote for, or against election regulations. State and federal executives have no such delegated authority. This Court recognizes individual legislator standing in Constitutional subject-matter when votes are “overridden and virtually held for naught” due to legislators’ “plain, direct and adequate interest in maintaining the effectiveness of their votes.” Coleman v. Miller, 307 U.S. 433, 438 (1939). State and federal executives altered the time, place, and manner of federal elections in Pennsylvania against the democratically successful votes of individual legislators, contrary to Constitutional duty and authority assignment. Some individual legislators sued to vindicate their votes, calling to question: Whether individual legislators have Article III standing to sue state and federal executive officials for altering the manner of federal elections in conflict with the individual legislators’ successful votes to regulate the manner of federal elections in Pennsylvania pursuant to Article I’s Elections Clause and Article II’s Electors Clause.

Docket Entries

2025-10-06
Petition DENIED.
2025-08-13
DISTRIBUTED for Conference of 9/29/2025.
2025-08-01
Waiver of State Respondents of right to respond submitted.
2025-08-01
Waiver of right of respondent State Respondents to respond filed.
2025-07-11
Waiver of Federal Respondents of right to respond submitted.
2025-07-11
Waiver of right of respondent Federal Respondents to respond filed.
2025-06-02

Attorneys

Dawn Keefer, et al.
Erick G. KaardalMohrman, Kaardal & Erickson P.A., Petitioner
Erick G. KaardalMohrman, Kaardal & Erickson P.A., Petitioner
Federal Respondents
D. John SauerSolicitor General, Respondent
Moez Mansoor KabaHueston Hennigan LLP, Respondent
President of the United States, et al.
D. John SauerSolicitor General, Respondent
State Respondents
Michael J. FischerPennsylvania Office of General Counsel, Respondent
Michael J. FischerPennsylvania Office of General Counsel, Respondent