Biggest failing in the PA response...
They spend a lot of time addressing and castigating Texas for all the many suits filed and not won by others in the many states (many of which cases are not yet resolved, contain clear error, and might also be taken up by the Supreme Court) while claiming the complaint Texas filed is not substantively different than those others... and thus should be dismissed with derision.
“Again, as detailed above, other litigants have pursued many of the identical claims in state courts, lower federal courts, and in this Court’s appellate jurisdiction.Texas has not demonstrated that the merits of its claims, already considered and rejected by trial and appellate courts across the Nation, are somehow different.”
“This Court’s original jurisdiction is not an avenue to circumvent the regular certiorari process when claims have been repeatedly rejected by lower courts on the merits.”
This ignores a few things...
First, Texas is not a party to and is not responsible for others actions, nor are its interests either intrinsically parallel to or controlled by them.
Second, it ignores that none of those other cases were about the core issue Texas raises... in multiple states changing their conduct of elections and conducting their elections outside of the requirements of the law, or following law that violates the Constitution, or by altering law in the manner, and altering the law by means that are outside the specific, directive, requirements imposed by the U.S. Constitution.
Third, in dismissing Texas actions in pursing its interests as frivolous, and ridiculing the track record of others suits in inferior courts, they ignore that in the one other instance where the same concerns have been raised... the Pennsylvania case... the court has already mooted the issue.
In effect... the PA response to Texas slaps the SCOTUS in the face for having taken up the PA case... which case the court HAS NOT dismissed...
I have never seen any filing anywhere that is a clearer instance of attorneys shooting themselves in the feet... if not something more vital.
I’ve made other comments on the PA response following here:
BREAKING: Pennsylvania’s House of Representatives Joins Texas in Suit Against Pennsylvania, Wisconsin, Michigan and Georgia
https://freerepublic.com/focus/news/3914194/posts?page=98#97
Also ridiculous:
“According to Texas, the alleged violations of Pennsylvania’s Election Code undermined the authority granted to the Pennsylvania General Assembly under the Electors Clause.8Motion at 3, 10-11, 13-15. But as the text of the Electors Clause itself makes clear, the injury caused by the alleged usurpation of the General Assembly’s constitutional authority belongs to that institution...”
which institution (you had to see this coming ?) has just joined the lawsuit claiming their authority was in fact wrongly usurped...
BREAKING: Pennsylvania’s House of Representatives Joins Texas in Suit Against Pennsylvania, Wisconsin, Michigan and Georgia
https://freerepublic.com/focus/f-bloggers/3914287/posts
Beyond ridiculous:
“Texas has no sovereign or quasi-sovereign interest at stake. It is a nominal party, at best.”
Texas seems to think that other states have to sustain their agreement to fully and willingly abide by their own laws, in good faith, abide by the laws of the United States, in good faith, and comply with the Constitution, in good faith, and if they do not, and if they will not be corrected in the need to sustain that commitment, then the Constitution has been dissolved:
Texit? State representative will file bill to allow Texas to secede from the United States
https://freerepublic.com/focus/f-news/3914330/posts