On Tuesday, the State of Texas filed a lawsuit in the Supreme Court against Georgia, Michigan, Pennsylvania, and Wisconsin. The suit alleged that because these states conducted elections that violated their own laws, they tainted the integrity of the vote, something that damaged not only their own citizens, but also the citizens in other states. Because this is an intelligent, powerful case, it’s no surprise that eight other states have already joined the litigation.
To date, we’ve seen a multiplicity of lawsuits filed, although, significantly, none has come before the Supreme Court for substantive review. Courts in various states, however, have proven resistant to these suits.
As I noted here, partisan judges are issuing what I will politely call “garbage” decisions. Judges are refusing to consider the evidence, with only one Nevada court attempting to do so. Instead, they make variations of the argument that, if courts were to consider Trump’s claims, they would run the risk of “disenfranchising” Biden voters.
That is a singularly dishonest argument. Disenfranchisement occurs when people are deprived of the right to vote. No one was deprived here. What Trump is doing, with his request that every legal vote count, is asking that courts invalidate illegal votes. You cannot disenfranchise an illegal voter, whether that “voter” is dead, a computer algorithm, or a form filled out in a Chinese print shop.
Do you know what happens when you invalidate fraudulent votes and count only legal votes? You identify the winner and loser in an election, as has happened in America since 1792. Those who voted for the losing candidate were not disenfranchised; they just voted for the losing candidate.
The Texas lawsuit argues that the four defendant states changed their mail-in voting rules without going through the constitutional, legislative process. By doing so, they assured illegal mail-in votes, meaning that all votes under the new “rules” were illegal from the get-go. These invalid votes override the will of those who legitimately cast votes, tainting the national election.
After all, we are a federation of states. While the individual states control their own election rules, each state is affected by the election outcomes in the other states. Texas attorney general Ken Paxton’s statement about the lawsuit perfectly sums up the correct legal standard:
Texas Attorney General Ken Paxton today filed a lawsuit against Georgia, Michigan, Pennsylvania and Wisconsin in the United States Supreme Court. The four states exploited the COVID-19 pandemic to justify ignoring federal and state election laws and unlawfully enacting last-minute changes, thus skewing the results of the 2020 General Election. The battleground states flooded their people with unlawful ballot applications and ballots while ignoring statutory requirements as to how they were received, evaluated and counted.
“Trust in the integrity of our election processes is sacrosanct and binds our citizenry and the States in this Union together. Georgia, Michigan, Pennsylvania and Wisconsin destroyed that trust and compromised the security and integrity of the 2020 election. The states violated statutes enacted by their duly elected legislatures, thereby violating the Constitution. By ignoring both state and federal law, these states have not only tainted the integrity of their own citizens’ vote, but of Texas and every other state that held lawful elections,” said Attorney General Paxton. “Their failure to abide by the rule of law casts a dark shadow of doubt over the outcome of the entire election. We now ask that the Supreme Court step in to correct this egregious error.”
Elections for federal office must comport with federal constitutional standards. For presidential elections, each state must appoint its electors to the electoral college in a manner that complies with the Constitution. The Electors Clause requirement that only state legislatures may set the rules governing the appointment of electors and elections and cannot be delegated to local officials. The majority of the rushed decisions, made by local officials, were not approved by the state legislatures, thereby circumventing the Constitution.
Because this is a suit between two states, the Supreme Court has original jurisdiction. It’s also a factually pure case, which does not require looking at the reams of evidence demonstrating fraud.
If you want a good overview about why the case is really huge, Jay Sekulow, one of America’s most brilliant constitutional lawyers, and his team at the American Center for Law and Justice explain the procedure and the substance:
No wonder it appears that eight other states have joined the case (Arkansas, Florida, Louisiana, Mississippi, Alabama, Kentucky, North Carolina, and South Carolina). The only thing that remains to be seen is whether the Supreme Court justices are willing to show the necessary courage to ensure that the will of the people, and not the will of the corruptocrats, prevails in this election.
American Thinker The Texas lawsuit in the Supreme Court is huge