Today, our firm filed an amicus brief for America’s Future in the U.S. Supreme Court which is considering whether state courts may usurp the constitutional role of state legislatures to set the “Times, Places and Manner” for holding Congressional elections under Article I, Sec. 4, cl. 1. Our brief answered that question in the negative, arguing that the U.S. Constitution assigns a special role on state legislatures that is not a traditional state legislative function, and state courts lack jurisdiction to consider the permissibility of those election regulations. Our brief also demonstrated how permitting such usurpation has created chaos, not stability, in recent elections. Instead of placing the role over federal elections in the hands of the democratically election state representatives, as the federal Constitution established, the recent explosion in lawsuits over federal election rules have turned our democratic republic into an oligarchy, ruled by partisan lawyers and judges.
