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When Citizens Sue Their State
Consistent with Marbury v. Madison, which holds that it is “emphatically the province and duty of the judicial department to say what the law is” and that laws repugnant to the Constitution are void, the filing asks the court to reverse the district court’s dismissal, recognize Article III standing and ripeness, reject the lower court’s reliance on the “unenacted law” theory and its misinterpretation of the term “make,” and enjoin the defendants from continuing executive actions related to verification, certification, ballot placement, or preparation for State Question 836.