ACLJ’s New Massive Election Interference Case at Supreme Court

The ACLJ has a major update in its election interference case at the U.S. Supreme Court. We are once again fighting to ensure all Americans have the right to vote for the candidate of their choice. The Democrat Party had Green Party candidate Jill Stein removed from the Nevada presidential election ballot, so they asked the ACLJ to represent them in their appeal after we secured a 9-0 decision in the Trump ballot ban case (on behalf of the Colorado GOP) at the Supreme Court earlier this year.

On Friday Justice Elena Kagan directed the Nevada State Democratic Party to file a response brief to the emergency application we filed last week by Tuesday. Ironically, the Democrat Party claims to be the party of choices and freedom, but it has unconstitutionally denied Nevada voters the right to vote for their preferred candidate. It also waited until the last day possible to initially file its lawsuit, strategically giving less time for the Green Party to defend itself.

In its response brief filed yesterday, the Nevada State Democratic Party claims that it’s too late to put the Nevada Green Party back on the ballot because there’s not enough time to reprint the ballots. This is 2024 – if the state needs to print new ballots, it can do so. It’s a ridiculous argument.

Today we filed our reply brief to the Democrat Party’s brief. Our legal team, composed of 8–10 attorneys, worked on the reply brief all night and through the morning, completing and filing it early this afternoon. It’s amazing that we have the resources to respond in such a quick fashion, and we owe it all to our ACLJ supporters.

Justice Kagan is the Circuit Justice for our case. She will make decisions about what should happen next. For instance, she could refer to the entire Supreme Court. The Justices could take action without oral argument or additional briefing, or they could request additional briefing on a specific question. And they could even rule without oral argument.

At the end of the day, our opponent wants voters to have fewer options in the presidential election, thereby creating an easier pathway for Vice President Kamala Harris to win the election. The Green Party usually gets between 1-3%, so Jill Stein being removed from the ballot could sway an election that’s within the margin of error (according to the latest polls). But it’s also important to understand that more voter choice is a good thing. A tactic used against any party or candidate is a tactic that can be used against your own. We must stop this election interference to ensure we have a free and fair election.

My dad, ACLJ Chief Counsel Jay Sekulow, gave us the latest developments in our election interference case:

I just reviewed a brief that we filed in response to the filings we received from Nevada and the Nevada Democrat Party. And they are really arguing on a procedural basis, and they touch on the substance, but not a lot, because they’re very weak on the substance. They’re trying to hook it procedurally by basically asserting that it’s not a relief that can be requested. And I think we’ve done a very effective job of rebutting that. Look, what the [Nevada] Secretary of State did was unconscionable. They said to use this form. The Green Party used the form, and then [the Nevada Secretary of State] said we’re not going to accept it because that form is not the right form – even though it was the form you told us to use. So I think we’ve got a very strong case on the merit.

Some might wonder why we are representing the Green Party, which is known for its radical views. However, the ACLJ has a rich history of representing groups across the political spectrum. For example, my dad represented the Hare Krishnas at the Supreme Court years ago. He didn’t agree with their theology at all, but they were under attack and needed the ACLJ’s help. We don’t want any Americans to have their constitutional rights violated.

Today’s Sekulow broadcast included a full analysis of the ACLJ’s ongoing fight at the U.S. Supreme Court to defend the rights of all Americans to vote for the candidate of their choice. ACLJ Senior Advisor for National Security and Foreign Policy Ric Grenell reacted to VP Harris’ interview with the National Association of Black Journalists.

Watch the full broadcast below: