Posted on 12/09/2020 5:33:44 AM PST by Zakeet
Very few of the lawsuits that Trump’s legal team has filed since Election Day have really worried the left, but when Texas Attorney General Ken Paxton filed a lawsuit directly with the Supreme Court on Monday night they immediately began freaking out. The reason why they are so alarmed is because they understand that this suit has the potential to flip the election. The suit alleges that the states of Georgia, Michigan, Pennsylvania, and Wisconsin conducted their elections in ways that violated the U.S. Constitution, and if the Supreme Court agrees that would almost certainly mean that the Supreme Court would force the state legislatures of those states “to appoint a new set of presidential electors in a manner that does not violate the Electors Clause and the Fourteenth Amendment”.
At this hour, we are being told that Louisiana, Arkansas, Alabama, Florida, Kentucky, Mississippi, South Carolina and South Dakota have all joined the suit that Paxton has filed. The U.S. Constitution gives the Supreme Court original jurisdiction over controversies between states, and so this is why this case did not need to be filed in a lower court first. But the Supreme Court is not obligated to hear any particular case, and many on the left initially thought that the Court would never actually agree to hear it.
Well, it was put on the docket just 12 hours after it was filed, and so it will be heard.
And on Tuesday evening, the Supreme Court ordered the defending states to file their answers by Thursday at 3 PM eastern time.
So this is really happening.
The Supreme Court will determine the fate of the 2020 election after all. In his complaint, Paxton argued that voters in his state were affected by the unconstitutional voting procedures in the other states because in “the shared enterprise of the entire nation electing the president and vice president, equal protection violations in one state can and do adversely affect and diminish the weight of votes cast in states that lawfully abide by the election structure set forth in the Constitution.”
And he is absolutely correct. When one or more states violates the U.S. Constitution during a presidential election, that harms everyone that voted, because voters in every state are involved in electing the president.
According to the Electors Clause, state legislatures have the authority to establish how presidential electors will be chosen in their particular states, but Paxton alleges that government officials in Georgia, Michigan, Pennsylvania, and Wisconsin made up their own rules and did not follow the election laws that had been passed by their own state legislatures…
“Using the COVID-19 pandemic as a justification, government officials in the defendant states of Georgia, Michigan, and Wisconsin, and the Commonwealth of Pennsylvania, usurped their legislatures’ authority and unconstitutionally revised their state’s election statutes,” Paxton wrote in his filing.“To safeguard public legitimacy at this unprecedented moment and restore public trust in the presidential election, this Court should extend the December 14, 2020 deadline for Defendant States’ certification of presidential electors to allow these investigations to be completed,” he wrote. “Should one of the two leading candidates receive an absolute majority of the presidential electors’ votes to be cast on December 14, this would finalize the selection of our President. The only date that is mandated under the Constitution, however, is January 20, 2021.”
Unlike the allegations of election fraud that are floating around out there, these allegations are very easy to prove.
The following is a brief summary of some of the issues in each of the four states that comes from the Heritage Foundation…
For these constitutional violations alone, the election results in all four states should be thrown out. In addition, in his complaint Paxton alleges that voters in various parts of these states were treated very differently…
Second, the complaint describes how voters in different parts of these states were treated differently. For example, election officials in Philadelphia and Allegheny Counties in Pennsylvania set up a “cure process” for voters in those jurisdictions whose absentee ballots did not comply with state legal requirements. Those noncompliant ballots should have been rejected because state law does not allow such a procedure.As a result of this behavior and similar behavior in other states, there was “more favorable treatment allotted to votes” in areas “administered by local government under Democrat control.”
Once again, this should be a slam dunk to prove based on the evidence that has already been publicly presented.
And without a doubt, differential treatment violates the Equal Protection Clause of the Fourteenth Amendment.
On top of that, in Bush v. Gore the Supreme Court clearly prohibited “the use of differential standards in the treatment and tabulation of ballots within a state.”. Since differential standards in the treatment of ballots occurred in all four states, that should mean that the election results in all four states should be thrown out.
Lastly, Paxton alleges that there were “voting irregularities” in each of the four states, and those allegations are going to be more difficult to prove.
But Paxton doesn’t need to prove them, because the violations of the Electors Clause and the violations of the Equal Protection Clause of the Fourteenth Amendment should both be slam dunks.
Assuming that is the case, what is the appropriate remedy? Paxton is asking that the state legislatures of Georgia, Michigan, Pennsylvania, and Wisconsin be forced “to appoint a new set of presidential electors in a manner that does not violate the Electors Clause and the Fourteenth Amendment, or to appoint no presidential electors at all.”
In each of those states, those legislatures could opt to hold new elections or alternatively they could decide to choose new slates of electors themselves. And since all four of those state legislatures are controlled by Republicans, that would seem to favor President Trump.
Needless to say, if the current election results in Georgia, Michigan, Pennsylvania, and Wisconsin are overturned, the left will have a massive temper tantrum. Cities all over the nation would burn and we would see endless civil unrest for the foreseeable future.
So that may make some members of the Court hesitant to overturn the current election results no matter what the Constitution actually says.
But if there are at least five justices that are willing to follow the Constitution no matter what the consequences are, we may soon see the most shocking decision in the entire history of the U.S. Supreme Court.
Not trying to be negative, but I honestly believe we are going to be disappointed again. I have no faith in our intuitions of government. That is, two of the three branches, soon the executive branch will be added to that list.
“Cities all over the nation would burn and we would see endless civil unrest for the foreseeable future.”
Those kinds of statements, and I hear them all the time, are irresponsible. The law is supposed to be implemented fairly without fear or favor. Should not be factored in.
“Cities all over the nation would burn” only if allowed to.
Neither does Fox
So glad to have been proven wrong, or at least to seem to have been proven wrong.
The Court will punt: it doesn’t want to decide who the President is based on election fraud. It prefers to make decisions on more “important” cases like the right of two dudes to get “married” and have babies or something. (rolls eyes).
Excellent
You are right.
Not having President Trump being the aggrieved party, only the states who followed their laws, is a genius move.
Texas is even disregarding the obvious fraud in the early results there in this case.
Equal protection without accoutrements is the way to go. (h/t Ingtar)
If the election had been clean, Trump would have been re-elected, and cities all over the nation would burn and we would see endless civil unrest for the foreseeable future.
Unless this issue is dealt with now, every election in the future that didn't please the left would have the same result.
You can't kick the can down the road and expect the problem to fix itself.
So if SCOTUS rules that the election was bad and that x number of votes have to be discarded, how is that going to change the minds of State legislators to appoint DJT electors? Wisconsin has already said it will not - Spineless GOP Assemblymen
This is a great, clear summary. Thanks for providing!
This is a case where Federal officers should be assigned to defend state legislators in the fulfillment of their duties - when Antifa started getting shot in large numbers while attacking the families of elected officials, the optics for the Democrats would be so bad that even Soros would be screaming at them to stop.
It would appear that way. Keep Praying...
Jay Sekulow — This is the one, this is the case we've been waiting for!
“At this hour, we are being told that Louisiana, Arkansas, Alabama, Florida, Kentucky, Mississippi, South Carolina and South Dakota have all joined the suit that Paxton has filed.”
So we have 9 states (including Texas) which agree the election was run according to the Constitution.
“Needless to say, if the current election results in Georgia, Michigan, Pennsylvania, and Wisconsin are overturned, the left will have a massive temper tantrum. Cities all over the nation would burn and we would see endless civil unrest for the foreseeable future.”
We’ll certainly see cities burn, but what is the alternative? The alternative is 9 states NOT recognizing the results of 2020 presidential election.
So, as bad as the likely ‘unrest’ in our cities will be, the alternative may be FAR WORSE (a splitting up of this country). Something for the Supremes to think about, if they’re considering punting here.
Notice how the lower state and Federal courts are dismissing these cases before any testimony or actual evidence is introduced and put on record. Either the judges are corrupt or lack courage.IMHO they are colluding with the globalists who stole the election and want the demented, frail, corrupt Biden as their pliable figurehead. Trials and testimonies will only enhance the illegitimacy of this Biden cabal in the eyes of the people. It will make it more difficult to ram their agenda. The future of the American nation lies in the hands of five justices. Do they have the courage to do the right thing?
Fox got there 30 pieces of silver that’s understandable.
“On the docket”...’On a list of legal cases to be heard by a court’
‘on a list of things to be considered.’
Merriam Webster would disagree with you.
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