WASHINGTON, D.C. – Trying to keep track of all the election lawsuits around the country, not to mention the constant churn of allegations, is a bit like trying to drink from a fire hose. This one, though, sticks out.
Texas is suing four other states in the Supreme Court — Georgia, Michigan, Pennsylvania, and Wisconsin — over the 2020 elections. Specifically, Texas alleges that those states’ extralegal changes to election rules, inconsistent voting rules within the states, and notable irregularities violate the U.S. Constitution.
All of these acts ‘debased the votes of citizens’ of Texas, the filing says. As a remedy, Texas is asking SCOTUS to order the states to allow their legislatures to select electors to the electoral college.
From the filing:
“[…] 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. […]”
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Texas was able to go directly to the Supreme Court because it is the court with original jurisdiction in suits between states. As such, it immediately hits prime time, so to speak.
Moreover, the nature of the suit elevates the central questions of 2020 elections in a way that makes it nearly impossible for the court to ignore. If they were to decide against taking up the case, they would essentially be abandoning any pretense of adjudicating core constitutional issues between states. It’s hard to imagine the court simply forfeiting it’s constitutional role in such a way.
The filing also mentions the irregularities in the elections conducted in the four defendant states. Actually, they point out just how irregular those “results” were; as in the chances of Biden winning the defendant states (GA, PA, MI, WI) after Trump’s lead at 3:00 AM on Nov. 4, 2020, is LESS THAN ONE IN A QUADRILLION TO THE FOURTH POWER.
In other words, you’d be more likely to win the Megamillions lottery twice, at the same time, than Biden was to win all four of those states considering his position at 3:00 AM.