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Texas Case Challenges Election Directly at Supreme Court
breitbart.com ^ | 7 Dec 2020

Posted on 12/07/2020 11:43:22 PM PST by Helicondelta

On Monday, just before midnight, the State of Texas filed a lawsuit that is far more important than all of the others surrounding the presidential election of November 3rd.

Texas brought a suit against four states that did something they cannot do: they violated the U.S. Constitution in their conduct of the presidential election. The four defendant states are Georgia, Michigan, Pennsylvania, and Wisconsin.

First, they violated the Electors Clause of Article II of the Constitution when executive or judicial officials in the states changed the rules of the election without going through the state legislatures. The Electors Clause requires that each State “shall appoint” its presidential electors “in such Manner as the Legislature thereof may direct.”

In the early years of the Republic, most state legislatures appointed their presidential electors directly, without holding a popular election for President. That would change during the early decades of the nineteenth century. But the constitutional principle remained the same. Regardless of whether a state appoints its electors by a vote in the legislature or by a vote of the people, it is the state legislature — and only the state legislature — that sets the rules.

Thus, when the Pennsylvania Supreme Court extended by three days the deadline for receiving mail-in ballots, contrary to the law passed by the state legislature, the state court changed the rules in violation of the Electors Clause. Similarly, when Georgia’s Secretary of State responded to a lawsuit by entering into a Compromise Settlement Agreement and Release (i.e. a consent decree) with the Democratic Party of Georgia, and modified the signature verification requirements spelled out by Georgia law, that changing of the rules violated the Electors Clause.

(Excerpt) Read more at breitbart.com ...


TOPICS: Front Page News; News/Current Events
KEYWORDS: election; fraud; scotus; texas
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1 posted on 12/07/2020 11:43:22 PM PST by Helicondelta
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To: Helicondelta

Every state President Trump won should be filing..


2 posted on 12/07/2020 11:45:39 PM PST by Envisioning (Carry safe, always carry, everyday, everywhere.)
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To: Helicondelta

Probably yet another entity that doesn’t have standing.


3 posted on 12/07/2020 11:46:57 PM PST by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: Envisioning

Do other states have standing in cases like this?


4 posted on 12/07/2020 11:48:19 PM PST by Impala64ssa (Virtue signalling is no virtue)
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To: Helicondelta

This is great! Way to go Texas!


5 posted on 12/07/2020 11:48:39 PM PST by caww ( )
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To: Helicondelta; Pelham

We need another 20-30 states to join on

Not a bad move if anything from a PR point of view since the worthless as a dick on Harvey Fiersteinn GOPe is sitting it out

God I detest the Republican Party....I was never the fanboy most freepers are


6 posted on 12/07/2020 11:50:54 PM PST by wardaddy (I applaud Jim Robinson for his comments on the Southern Monuments decision ...thank you run the tra)
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To: Helicondelta

In a halfway just society, a court might actually entertain the actual legitimacy of this suit.

At the moment however, no amount of felonious and treasonous crime can stand in the way of the long fought, hard left wing, global socialist judiciary’s, from their ultimate desire to end the US Constitution, and liberty in America.

The US Constitution is the “clear and present danger” to the goals of the majority of our nation’s courts.


7 posted on 12/07/2020 11:52:16 PM PST by patriotfury ((May the fleas of a thousand camels occupy mo' ham mads tents!) )
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To: Envisioning

>> Every state President Trump won should be filing..

Exactly.

I’ve been thinking about all of us as a national group, but not until now the rights of the states.

A good time for Texas to flex its muscle.


8 posted on 12/07/2020 11:53:01 PM PST by Gene Eric (Don't be a statist!)
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To: Envisioning

I agree with you. Nevada, Arizona, Wisconsin, Michigan, Pennsylvania, and Georgia should have their citizens file similiar lawsuits. However, I as a non-lawyer don’t think Texas has standing on this issue.


9 posted on 12/07/2020 11:54:38 PM PST by convoter2016
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To: Helicondelta

And these are not the only states in violation.


10 posted on 12/07/2020 11:55:52 PM PST by Revel
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To: convoter2016

Every entity directly affected by fraud has standing.


11 posted on 12/07/2020 11:56:50 PM PST by Gene Eric (Don't be a statist!)
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To: Helicondelta

This could be related to something Jay Sekulow and his team said today on his show. In that there could be a potential reason that the USSC would rule in a way that grants a potential solution to all states at once, because of what they called “original jurisdiction” which would prevent other states, even if they had no issues with their election, who might still complain that a ruling that only affected one state could unfairly unbalance the election.

Far above my head, but it did sound hopeful, and this timing is interesting.

https://aclj.org/election-law/breaking-justice-alito-orders-response-in-pa-case

https://hardnoxandfriends.com/2020/12/07/breaking-aclj-constitutional-shocker-original-jurisdiction-on-vote-dilution/


12 posted on 12/08/2020 12:02:07 AM PST by Golden Eagle (********** MERRY CHRISTMAS ***********)
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To: convoter2016

Yes, it actually does. The PRIMARY reason for the Supreme Court is to adjudicate disputes between states.
Texas is arguing, with solid footing, that 4 other states violated the Constitution and this has damaged them in many demonstrable ways.

Article III section 2,

Section 2.
The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;—to all cases affecting ambassadors, other public ministers and consuls;—to all cases of admiralty and maritime jurisdiction;—to controversies to which the United States shall be a party;—

******to controversies between two or more states;******—

between a state and citizens of another state;—between citizens of different states;—between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.


13 posted on 12/08/2020 12:06:36 AM PST by DesertRhino (Dog is man's best friend, and moslems hate dogs. Add that up. .... )
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To: convoter2016

Furthermore, the Supreme Court has original Jurisdiction in this case. It does not have to go to lower courts. And Alito is over the Texas District.

This sounds pretty promising.


14 posted on 12/08/2020 12:14:32 AM PST by DesertRhino (Dog is man's best friend, and moslems hate dogs. Add that up. .... )
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Comment #15 Removed by Moderator

To: Gene Eric
"Every entity directly affected by fraud has standing."

I agree. People like me who live and vote in New York State, and everyone else around the country who voted for President Trump, has had their vote voided because of all the fraud that occurred in States like Pennsylvania, Georgia, Michigan, Nevada, Wisconsin, etc. I might not be alive in four years to ever vote in another Presidential election. The thought that my vote was overturned by a criminal doing the bidding of the Democrat party, and the Chi-coms, makes my blood boil.

16 posted on 12/08/2020 12:30:00 AM PST by mass55th ("Courage is being scared to death, but saddling up anyway." ~~ John Wayne )
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To: Impala64ssa
Do other states have standing in cases like this?

I'm not extremely hopeful. But if one state's electors are selected under fraudulent conditions, then the voters of other states could be said to be disenfranchised by that fraud. I'm not saying that this is solid legal ground, but it could become so. But first, fraud to the extent to change the result needs to presented to the court.

I certainly wouldn't bet the farm on it.

17 posted on 12/08/2020 12:31:43 AM PST by ETCM
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To: Helicondelta

Every American citizen in every state is affected by violations of the U.S. Constitution by the half dozen states in which this flagrantly fraudulent conduct took place. Forty-four states should not be stuck with an unconstitutional outcome of a presidential election perpetrated by a handful of states that have breached their clear, written, constitutional duty.


18 posted on 12/08/2020 12:39:13 AM PST by Gnome1949
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To: wardaddy
"God I detest the Republican Party"

I'll second that. Full of RINOs and turncoats and layabouts.

19 posted on 12/08/2020 12:40:19 AM PST by Jeepers43
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To: DesertRhino

BTTT


20 posted on 12/08/2020 12:41:46 AM PST by nopardons
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