Give 'em heck, Texas!

https://www.breitbart.com/politics/...sylvania-and-wisconsin-at-supreme-court/

Texas Sues Georgia, Michigan, Pennsylvania, and Wisconsin at Supreme Court over Election RulesKurt Haubrich / Flickr / CC / Cropped

JOEL B. POLLAK7 Dec 202031,192

3:25

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, which, in turn, violated the Electors Clause of Article II, Section 1, Clause 2 of the U.S. Constitution. By these unlawful acts, the Defendant States have not only tainted the integrity of their own citizens’ vote, but their actions have also debased the votes of citizens in Plaintiff State and other States that remained loyal to the Constitution.

Texas approached the Supreme Court directly because Article III provides that it is the court of first impression on subjects where it has original jurisdiction, such as disputes between two or more states.

Documents follow:

TX v State Motion 2020-12-07 FINAL by Breitbart News on Scribd

TX v State Mpi 2020-12-07 Final by Breitbart News on Scribd

Joel B. Pollak is Senior Editor-at-Large at Breitbart News and the host of Breitbart News Sunday on Sirius XM Patriot on Sunday evenings from 7 p.m. to 10 p.m. ET (4 p.m. to 7 p.m. PT). His newest e-book is Neither Free nor Fair: The 2020 U.S. Presidential Election. His recent book, RED NOVEMBER, tells the story of the 2020 Democratic presidential primary from a conservative perspective. He is a winner of the 2018 Robert Novak Journalism Alumni Fellowship. Follow him on Twitter at @joelpollak

Good Deal

Nice !

Hoo-Rah!
God Bless Texas indeed!

Wish we could get as many states as possible to do the same. Thank you Texas!

Come on Texas! I will be putting that in my wish/prayer list.

How does Texas have standing???

Nice.God bless Texas

It is a state of the United States and is affected by the election. Just guessing.

Thank you Texas we can't get it out of the Pa. state because Pa. is corrupt

Ummm, don't think that satisfies the criteria of having a sufficient legal interest to bring the action. But what do I know?

Watch Jay Sekulow show on youtube, they just did an hour live about this matter.

Texas does have standing.

God bless texas

God bless the united states

This is a great day for patriots.

I hope and pray it works to keep common sense in the Whitehouse .

Standing = These United States.
Federal elections have national implications.

But what gives Texas standing to complain about the voting procedures used in other states? What gives one state the right to complain about the procedures used by another state? That's really the province of the federal government, I would argue. How is it different than Texas filing suit against . . . Nebraska for example, because Nebraska has "irregularities" in the way it issues drivers licenses?

14th equal protection

Texas citizens followed the law while others did not. Texas citizens were harmed and effectively disenfranchised.

My point exactly. The Equal Protection clause does not protect states; it protects individuals. So citizens of Texas may have standing, but not the state of Texas. I could be wrong. I appreciate that Texas is taking a stand and all that, but I predict the Supremes toss the case based on standing. And on mootness. And on the lack of an available remedy. But what do I know?

Texas is acting on behalf of its citizens. And they are seeking a remedy in the suit. The argument under the electors clause and basis of the suit is that sole authority for establishing state elections for electors lies with the legislature and the various states had election law changed or modified by courts, consent agreements (georgia) or even local county election boards. All blatantly in violation of the electors clause. The remedy is simple, in all states named the legislature shall be ordered to exercise their due authority and choose electors. That is all Texas is asking.
Note this isn't toss the vote and give it to Trump. If ordered the state legislatures in question can choose whoever they want as electors.