Joel B. Pollak
BreitbartMon, 07 Dec 2020 14:07 UTC
© Kurt Haubrich /Flickr/CC/Cropped
The State of Texas filed a lawsuit directly with the U.S. Supreme Court shortly before midnight on Monday challenging the election procedures in Georgia, Michigan, Pennsylvania, and Wisconsin on the grounds that they violate the Constitution.
Texas argues that these states violated the Electors Clause of the Constitution because they made changes to voting rules and procedures through the courts or through executive actions, but not through the state legislatures. Additionally, Texas argues that there were differences in voting rules and procedures in different counties within the states, violating the Constitution's Equal Protection Clause. Finally, Texas argues that there were "voting irregularities" in these states as a result of the above.
Texas is asking the Supreme Court to order the states to allow their legislatures to appoint their electors. The lawsuit says:
Certain officials in the Defendant States presented the pandemic as the justification for ignoring state laws regarding absentee and mail-in voting. The Defendant States flooded their citizenry with tens of millions of ballot applications and ballots in derogation of statutory controls as to how they are lawfully received, evaluated, and counted. Whether well intentioned or not, these unconstitutional acts had the same uniform effect — they made the 2020 election less secure in the Defendant States. Those changes are inconsistent with relevant state laws and were made by non-legislative entities, without any consent by the state legislatures. The acts of these officials thus directly violated the Constitution. [...]
This case presents a question of law: Did the Defendant States violate the Electors Clause by taking non-legislative actions to change the election rules that would govern the appointment of presidential electors? These non-legislative changes to the Defendant States' election laws facilitated the casting and counting of ballots in violation of state law, which, in turn, violated the Electors Clause of Article II, Section 1, Clause 2 of the U.S. Constitution. By these unlawful acts, the Defendant States have not only tainted the integrity of their own citizens' vote, but their actions have also debased the votes of citizens in Plaintiff State and other States that remained loyal to the Constitution.
Texas approached the Supreme Court directly because Article III provides that it is the court of first impression on subjects where it has original jurisdiction, such as disputes between two or more states.
Documents follow:
TX v State Motion 2020-12-0... by
Breitbart News
Comment: This (or similar inter-state disputes)
could be the key that unlocks the Biden steal. The Supreme Court is not obliged to hear Texas' lawsuit though because it's technically a request for
permission to file a lawsuit.
If it's not on solid legal standing, it's nonetheless something of a political shot across the bow.
Most interesting of all is this development has finally, an entire month later, forced the MSM to sit up and take notice rather than just laugh away or ignore the claim...
Both Alabama and Louisiana are
supporting Texas in their attempt to challenge the election results in the 4 swing states. Alabama attorney general Steve Marshall expects the Supreme Court to quickly decide whether to hear the case. If they do hear it, expect to see other states signing on as well.
UPDATE 9 Dec 2020The US Supreme Court
is going to hear this case...
...and
17 more states have joined Texas!
Missouri Attorney General Eric Schmitt led his colleagues from Alabama, Arkansas, Florida, Indiana, Kansas, Louisiana, Mississippi, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, and West Virginia in filing the
amicus brief to the US Supreme Court.
The amicus brief reads:
States have a strong interest in ensuring that the votes of their own citizens are not diluted by the unconstitutional administration of elections in other States. When non-legislative actors in other States encroach on the authority of the "Legislature thereof" in that State to administer a Presidential election, they threaten the liberty, not just of their own citizens, but of every citizen of the United States who casts a lawful ballot in that election — including the citizens of amici States.
UPDATES 10 Dec 2020Now Trump has entered the fray:
Arizona has become the 18th state to file an 'amicus brief', though its stated reason for doing so is neutral:
Distinct from an amicus brief (which encourages a court to hear another's case) is today's
filing by six states (Missouri, Arkansas, Louisiana, Mississippi, South Carolina, and Utah) with a motion to actually
join Texas' SCOTUS election lawsuit.
106 GOP House members are now backing the Texas lawsuit:
(Though the article doesn't say it, I would guess that Texas has a Rep. Majority across the board of legislature and executive. Indeed, as I recall, the Texas governor is a semi RINO? Maybe not.)
R.C.