Missouri Biden Executive Order Challenge (Bailey)

Lawsuit filed on behalf of the state of Missouri by Missouri Attorney General Andrew Bailey (R) challenging a pro-voting executive order passed by President Joe Biden. Executive Order 14019, which was passed in March 2021, seeks to expand voting access and eliminate barriers to voting nationwide. Bailey claims that the order violates state sovereignty under the 10th Amendment of the U.S. Constitution by expanding the federal government’s role in regulating the conduct of elections. He also argues that the order violates the Separation of Powers and Elections Clauses of the U.S. Constitution, as well as the Administrative Procedures Act, by spending and allocating funds, directing federal agencies to act beyond their designated authorities and altering the rules of federal elections, which Bailey argues can only be done by Congress. Bailey finally claims the order violates the Hatch Act by using the federal government’s official authority to require that federal employees help facilitate voter registration and voter participation. Bailey asks the court to prohibit the enforcement of Executive Order 14019. 

STATUS: On Oct. 1, 2024, this case was consolidated with Ashcroft v. Biden, where all future filings can be found.

Last updated: October 2, 2024 2:32 pm EST