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.
Missouri just joined as well.
They would have just not heard the case if they wanted to punt.
“Missouri just joined as well.”
Nice to hear!
Roberts anxiously awaits his next attache case of cash from Soros...
“ Well, it was put on the docket just 12 hours after it was filed, and so it will be heard.”
No, no, no, NO! That’s not how this works. Once again, every damn thing that comes to the Supreme Court gets “put on the docket”. And asking for a response is common. It does not mean anything.
If this guy is a lawyer, he should be embarrassed to put out something with such little research.
So we have 9 states (including Texas) which agree the election was run according to the Constitution.
“No way they overturn IMO.”
That’s not the remedy the suit requests. It’s a pretty simple read:
100% guarantee they will do nothing.
This communist coup is going to the people.
Roberts days of being the fulcrum finder of fact and decision maker are over.
“This court will find a way to side with Texas without overturning the election.....”
Sadly, I think you are right
You need to add Missouri....
____________________________
Used to live in Oklahoma and spent the evening last night shooting out emails asking folks there to contact their AG to tell him that OK needs to line up right behind Texas....
Mike Hunter (405) 521-3921
“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.”
I don’t believe that this I’d correct, at all.
Election Day was November 3. The Constitution provides remedies for a failure of ED voting to determine Electors. None of them are another election.
A second “Election Day” would be exactly like how the Democrats count “votes”. They would just iterate until they got the results they wanted. There would be the insanity already seen in the Georgia “runoff”, as the population of Georgia appears ready to temporarily swell with those who have already voted in other states.
That is why it is not a choice in the Constitution.
The Voters spoke on Election Day, but their voices were drowned out by the “humanitarian” Democrats. They also spoke when they elected their legislatures and other state officials. These are the only surviving remnants of their will, on or before November 3.
Let's pray that these Justices can find it within themselves to rise to the level of courage, wisdom, benevolence, and devotion to duty to which the American boys (most of them less than 21 years old) rose when they walked directly into machine gun fire on the beaches of Normandy in 1944.
The call to duty and wisdom is as great though the courage and devotion required are far less.
OUR LORD GOD, HISTORY, AND ALL THE WORLD ARE WATCHING YOU AND PRAYING THAT YOU WILL FIND THE COURAGE, WISDOM, BENEVOLENCE, AND DEVOTION TO DUTY NEEDED NOW AS NEVER BEFORE.
bump
It could be as simple as siding with Texas..... giving them the win and remanding the choice of electors to the state legislatures...... who will be scared to death and refuse to change anything.
“It could be as simple as siding with Texas..... giving them the win and remanding the choice of electors to the state legislatures...... who will be scared to death and refuse to change anything”
Perhaps, although they do have a ‘middle-ground’ option, which is to not appoint any electors.
I understand where you're coming from, but don't give up hope.
I'm nearly positive that Thomas, Alito and Barrett want to smash this.
We need two of the remaining 6.
It’s more productive to prepare for war.
I quoted form the original post. Let me say it a different way, no way the Supreme Court gives relief and decertifies state electors from these four states, IMO. I think the best case scenario is at least one dissenting opinion for the history books.
But it would be awesome if this gained any real traction at all.
Giuliani’s hearings had to come first.
He laid out all the evidence in public hearings - much of which has gone viral.
That Georgia rally - supposedly to support Senators in a run off election - but the senators were shouted down with chants of “Fight for Trump”.
I’ve heard chants at Trump rallies before but I’ve never heard anything like that - it literally sent chills down my spine.
Thanks to President Trump’s courage and Giuliani’s hearings, We the People are aware of what is going on and we are not going to let it happen.
I think the Team Trump has played this perfectly - think of it as a volleyball play, where Team Trump has set the ball up perfectly for Texas to spike it.
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