ZitatThe 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.
As of 9 pm Eastern 7 other States are joining with Texas.
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Jay Sekulow — This is the one, this is the case we’ve been waiting for! Posted by Kane on December 8, 2020 10:27 pm
Jay Sekulow comments on the Texas case against Pennsylvania earlier this evening
“What is at stake here, and this is why I think out of all the cases this is the most significant – to be clear, there’s no doubt about it – this is the most significant of the cases that has been filed. It’s the most significant because it is completely outcome determinative. What does that mean? It means that if the Court were to rule in favor of Texas, those four states, the states named in the complaint, would in in fact have their state legislatures determine the outcome. They would pick the electors.
This is a lawsuit, of course, against Georgia, Michigan, Pennsylvania, and Wisconsin. It is original jurisdiction which means it doesn’t start at the district court level. It starts at the Supreme Court of the United States where it was lodged yesterday evening very, very late; actually by the time it was lodged, probably this morning. It’s a very significant piece of litigation, in my mind, this is the one.”