Posted on 12/08/2020 5:41:35 AM PST by BlackFemaleArmyColonel
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.
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..."
(Excerpt) Read more at breitbart.com ...
Typo Dec 8th feast day.
Those states all violated our constitutional guarantee of “one man one vote”. Our legitimate votes were all nullified by their fraud.
If the States don’t have standing, then the Electoral Collège has, in-fact, been gotten rid of and is only a sham.@@@@@@@@@
There should be amicus briefs delivered to the USSC by every other state in the union this AM.
WWG1WGA!
Voters in Texas and across the country were disenfranchised
. Other states should join with Texas.
The Immaculate Conception is the patron saint of the USA.!
Yes, we Catholics love our saints. So please I ask that the non Catholics please indulge us this time. The date Dec. 8th is critical. Timing is everything.
Texas voters were disenfranchised. They have standing. Who represents us? Stacey Abrams?
This is brilliant
“I think the argument is sound but I doubt SCOTUS will accept that Texas has standing.”
I know it’s not for us to settle, but this is a NATIONAL ELECTION and Texas is directly (and massively) affected by what happens in DC.
So Texas would have standing in my book...although, yes, the cop-out response is to say ‘no standing’.
No. He is no longer the Solicitor General of Texas.
How?
I made the argument yesterday in another thread that voter fraud in Georgia violates MY civil rights because it devalues my vote. I as a voter in Alabama should have standing in Georgia to sue over voter fraud for that reason. Same principle on Texas suing these states. Millions of Texas voters had their votes disenfranchised because of the unlawful actions of these states. The court may rule that Texas does not have standing, but by God they definitely DO have standing!!!!
“I think the argument is sound but I doubt SCOTUS will accept that Texas has standing.”
This almost certainly guarantees that Texas will object to those states electors during the count of the Electoral College on Dec. 14th.
Under the current rules, the EC vote immediately stops and the objection must be handled by a joint session of congress.
I have no faith that a joint session of congress could decide anything. But without that decision, the EC count stands in limbo. We’d be in uncharted territory.
• The EC count is suspended with no candidate having a majority
• Congress is hung decision wise
• Stalemate, with no end in sight
The Supreme court would have a case in front of them that would allow them to cut the gordian knot and throw the election into the house (by invalidating several state’s electors). Would they do it, or would they allow the deadlock to go past the Jan. 20 date and leave us without a president?
I agree - put my “opinion” out on Twitter and Parler - but I’m sure that Texas and others have already come up with “my observation” - at least I hope I’m not the first to think about it - else we’re way behind the curve.
Correct. The Supreme Court’s jurisdiction covers “controversies between two or more states.” “Controversies” includes the concept of standing. It’s hard to see how Texas has standing to assert a claim that the power of another state’s legislature was usurped.
The constitution never leaves us w/o a president.
The 12 Amendment solves the problem by one state one vote resolution.
At this point, that final solution may be the best.
This election, to anyone who has a modicum of morality and sense of fair play, regardless of party or ideological position, ought to be seen and known that it is fouled beyond repair.
“I think the argument is sound but I doubt SCOTUS will accept that Texas has standing.”
Well, yes, it does. Texas is a co-equal state that has to live with the consequences of unconstitutional acts of other states.
later
Since Justice Alito is also responsible for Texas, will he be the one who makes the initial decisions?
Can someone explain Texas’ standing?
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