Texas has just asked us to hold their drink.
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.
By Joel B. Pollak, Breitbart
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.
Will the DWB smother this story as well?
BREAKING. Eight More States Join the Texas SCOTUS Case [Taking A Deep Breath]
By Streif, RedState
The Supreme Court docketed the case earlier today but has not, despite some reports, agreed to hear it. Just a few minutes ago, though, there was a major change in the situation that may increase the chance that the Supreme Court will take up the case.
Louisiana, Arkansas, Alabama, Florida, Kentucky, Mississippi, South Carolina, & South Dakota have all announced that they will be joining Texas in the suit https://t.co/5PKbv0KyFV
— Sam (@SunshineSt8Sam) December 8, 2020
Now it is no longer Ken Paxton playing Lone Ranger. The addition of eight states to the lawsuit now means that nearly a third of the states are litigants, and the Supreme Court’s ability to blow this off as nothing shrinks dramatically.
Nine states make it non-trivial…
An additional 8 States file Amicus brief along with the nine above.
By sundance, the Conservative Treehouse
Late Monday night the state of Texas filed a lawsuit directly in the Supreme Court against four states: Georgia, Michigan, Pennsylvan and Wisconsin. The intent is to block those states from casting their Electoral College votes for Joe Biden due to the unconstitutional nature of mail-in ballot use – against legislative approval and requirement.
Today 17 states filed an amicus brief [pdf link] in support of the Texas lawsuit.
The seventeen states include Missouri, Alabama, Arkansas, Florida, Indiana, Kansas, Louisiana, Mississippi, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, and West Virginia.
That’s 34% of the states.