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The Texas Lawsuit Is On The Docket – The Supreme Court Will Determine The Fate Of The 2020 Election
The Most Important News ^ | December 8, 2020 | Michael Snyder

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.


TOPICS: Crime/Corruption; Government; News/Current Events; Politics/Elections; US: Georgia; US: Michigan; US: Pennsylvania; US: Texas; US: Wisconsin
KEYWORDS: 2020election; electioncrime; electionfraud; scotus; scotustexas; supremecourt; voterfraud
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To: Stravinsky

To refuse to hear a case from 10 states? Unlikely.


81 posted on 12/09/2020 7:12:03 AM PST by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped)
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To: Stravinsky

To refuse to hear a case from 10 states? Unlikely. They voted 6-3 to put it on the docket. It only requires 4 justices.


82 posted on 12/09/2020 7:14:10 AM PST by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped)
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To: Zakeet

So many naysayers and chickenlittles. Get a spine!

When the shooting starts, get the f*** out of here.


83 posted on 12/09/2020 7:14:36 AM PST by nonsporting (The tree of liberty must be refreshed with the blood of patriots and tyrants. (Thomas Jefferson))
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To: Georgia Girl 2

Thanks. From what I understand — which is limited, since I’m not a legal scholar — they’re “friends of the court” and not plaintiffs. That helps strengthen the case, but it would be nice if they were also plaintiffs (if they can even do that).


84 posted on 12/09/2020 7:16:28 AM PST by AnglePark
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To: Republican Wildcat

It only takes 4 justices to put a case on the docket. My understanding is this was 6-3 to put it on the docket. They want to hear the case.


85 posted on 12/09/2020 7:17:13 AM PST by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped)
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To: DoodleDawg

“The Harris v. Pennsylvania was on the docket and it got dismissed yesterday”

Actually that is untrue.....What was “not granted” was

EMERGENCY APPLICATION FOR WRIT OF INJUNCTION PENDING THE
FILING AND DISPOSITION OF A PETITION FOR A WRIT OF
CERTIORARI.

The case IS still pending.

Please, understanding the facts at this time is important for everyone. We must try and be accurate in what we post.


86 posted on 12/09/2020 7:19:56 AM PST by traderrob6
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To: Georgia Girl 2

“...They voted 6-3 to put it on the docket ...”

Has that actually happened ?
Is there any link giving official confirmation?


87 posted on 12/09/2020 7:22:25 AM PST by Reily
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To: Zakeet

The SCOTUS has original jurisdiction over suits between States. States would have no legal recourse to settle disputes if SCOTUS would decide not to hear a case. In short, I don’t think SCOTUS can decline to hear it as there is no lower court ruling to fall back on. Finally, an election fraud case that cannot be dodged. Perhaps I am wrong.

Is this the work of Ted Cruz?


88 posted on 12/09/2020 7:25:40 AM PST by IamConservative (I was nervous like the third chimp in line for the Ark after the rain started.)
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To: Georgia Girl 2

Never mind !
Found the link !

https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/22o155.html


89 posted on 12/09/2020 7:25:56 AM PST by Reily
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To: Georgia Girl 2

You don’t understand what put on the docket means. They didn’t vote on anything at all. Everything get put on the docket, even before it’s rejected.


90 posted on 12/09/2020 7:29:59 AM PST by Stravinsky (Politeness will not defeat the Marxist revolutionaries)
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To: Georgia Girl 2
They want to hear the case.

My theory - I'm not a lawyer - is that they turned down Mike Kelly's case on Pennsylvania yesterday because they knew the facts and arguments would be brought out and encompassed by this case. That's my hope anyway.

91 posted on 12/09/2020 7:31:14 AM PST by The Sons of Liberty (A Deplorable behind enemy lines in the newly occupied socialist state of Georgia)
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To: Reily

Please see my #90. Literally everything get puts on the docket. Thousands of cases per year. And asking for a response is common. Doesn’t mean they will actually hear the case. And there has been no vote yet. The first vote will be after the response is in. Twitter rumors are borderline malicious at this point.


92 posted on 12/09/2020 7:31:36 AM PST by Stravinsky (Politeness will not defeat the Marxist revolutionaries)
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To: Stravinsky

Thank you !


93 posted on 12/09/2020 7:33:28 AM PST by Reily
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To: DarthVader

It is not complicated . Court accepts Texas proposed solution. Remands choice of electors back to the legislatures. Anyone here really believe 3 out of 4 of those legislatures are going to send a slate of electors who will vote for trump? I like you want it to happen.... but there is a reality here.


94 posted on 12/09/2020 7:34:11 AM PST by kjam22 ( )
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To: kjam22
Remands choice of electors back to the legislatures.

The is not necessity. That is already a power CODIFIED in the USC.

95 posted on 12/09/2020 7:35:41 AM PST by central_va (I won't be reconstructed and I do not give a damn...)
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To: Zakeet

btt


96 posted on 12/09/2020 7:37:18 AM PST by PerConPat (A politician is an animal that can sit on a fence and yet keep both ears to the ground--Mencken )
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To: central_va

I agree..... but we still don’t see those legislatures acting on it. Even when court tells them they can.... they won’t. That is the reality. This will require an armed event to stop a Biden presidency. Either martial law by trump or citizen revolution.


97 posted on 12/09/2020 7:37:48 AM PST by kjam22 ( )
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To: kjam22

They can also invalidate the election due to the voter fraud evidence.


98 posted on 12/09/2020 7:38:44 AM PST by DarthVader (Not by speeches & majority decisions will the great issues th the day be decided but by Blood & Iron)
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To: Pride in the USA

ping


99 posted on 12/09/2020 7:38:54 AM PST by Pride in the USA
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To: 17th Miss Regt

Unfortunately I think you may be right.


100 posted on 12/09/2020 7:38:57 AM PST by Churchillspirit (9/11/2001 and 9/11/2012: NEVER FORGET.)
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