Just before midnight on Monday (December 7), the State of Texas filed a lawsuit directly with the U.S. Supreme Court challenging the election procedures in Georgia, Michigan, Pennsylvania, and Wisconsin as unconstitutional.
Texas complained that the states violated the Electors Clause as set forth in the Constitution because the states changed their voting rules and procedures through courts or administrative action (rather than by the state legislature).
In addition, Texas argues that differences in voting rules and procedures in different counties within the same state violate the Equal Protection Clause of the Constitution. Therefore, Texas argues that for these reasons, these counties have committed “voting irregularities” in the 2020 presidential election.
Texas asks that the Supreme Court order the states to allow their legislatures to appoint their electors.
The lawsuit states that some officials in the defendant states used the plague (Chinese Communist virus) pandemic as a pretext to ignore state laws regarding absentee and mail-in ballots, distribute tens of millions of “ballot applications” and ballots, and repeal laws regarding how to legally receive, evaluate, and count ballots.
Whether intentional or unintentional, these unconstitutional actions by these states have the same effect: to make these states less safe for the 2020 election.
The changes made by these states to their election procedures and voting rules are inconsistent with applicable state law and were made without the consent of the (state) legislature, thus the actions of these officials are in direct violation of the Constitution.
The complaint also mentions that the case raises a question of law: by taking non-legislative action, the defendant states have changed the election rules for designating the Elector of the President, thereby violating the Electors Clause of the U.S. Constitution. These states’ unlawful actions have not only undermined the voting rights of the citizens of their own states, but have also undermined the voting rights of the citizens of the plaintiff state (Texas) and other constitutionally loyal states.
Under the Constitution, disputes between two (or more) states can be taken directly to the Supreme Court.
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