TEXAS Lawsuit Threatens To Blow Election wide Open
We have seen case after case where the Trump attorneys have tried to bring proof of corruption to the courts to overrule the election, and time after time, the courts have either dismissed the cases, thrown them out, or passed them to a higher court. But now, a case brought on by Texas, which currently has eight states joining in the lawsuit, could break this whole thing wide open.
Late yesterday, the State of Texas filed a lawsuit against Pennsylvania and other states who have made a total hash of the last election. It was filed with the Supreme Court as it has original jurisdiction over cases between states. The suit alleges that the haphazard way in which voting procedures were changed in reaction to two waves of panic–the Wuhan virus and a second Trump term–violated the US Constitution and deprived citizens of law-abiding states of equal protection under the law by debasing the value of their votes.
This quickly was seized upon by other states.
Eric Schmitt, the attorney general from Missouri, announced on Twitter late Tuesday that his state is “in the fight” after Texas announced its election challenge that would invalidate the 62 Electoral College votes from four battleground states and award President Trump with a second term.
“Election integrity is central to our republic,” Schmitt, a Republican, tweeted. “And I will defend it at every turn. As I have in other cases—I will help lead the effort in support of Texas’ #SCOTUS filing today. Missouri is in the fight.”
This was quickly tweeted out, soon other states joined in with this:
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
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.
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.
What is of the greatest interest, the Supreme Court is not given the ability to persue a investigation in criminal or fraud, there simply is not time to do so things, but the legal challenges, if the states (Wisconsin, Michigan, Pennsylvania, Georgia, and Arizona) could change the rules of election, with no input by the legislative bodies, which is how the constitution proclaims this is to be done.
By pursuing that equal protection was violated because all counties in these states had different rules set up by non-legislative directives, that the rights of the voters were discriminated against. This may seem like it is trivial, but during the Gore/Bush election this is exactly what the court had ruled on (Bush v. Gore a better layman’s understanding of this can be accessed here), found that different counties in Florida, each setting up their own rules, was a direct violation of equal protection.
While assurances are not yet given that the Supreme Court will take this on, they are willing to listen to why they should take the case increases the chances that it will be heard. With other states joining in, eight so far, this further pushes this towards the likely to happen side.
If this does proceed to the court, and they find that rights were violated, then what?
As we discussed in What Happens If Trump overturns a state or more, no one reaches 270 electoral votes?, there are a couple of ways this could go. The first being that all mail-in ballots that were changed before the election would be tossed out. Since we had seen on election night, where Trump had a commanding lead, he would most likely find the same thing again if these ballots were thrown out.
To further complicate things was that many states, after opening the ballot envelopes, never bothered to check the signature, then threw away the envelopes, thus preventing signatures from being reviewed in the future, therefore there is no way to go back and count these ballots.
The second thing the Supreme Court could do if they took the case and ruled in favor of Texas and the states with them could throw out the election and have state legislators appoint one nominee per state to vote in the house vote. This would not favor the Democrats because the GOP controls the house legislators in 33 of the 50 states, and regardless of how many representatives you have, you will have just one vote.
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