President Donald Trump’s team continues to take legal action against the election results, with Texas Attorney General Ken Paxton announcing on August 8 that he is filing a lawsuit directly with the federal Supreme Court, alleging that the election process in Georgia, Michigan, Pennsylvania, and Wisconsin is unconstitutional, and that the Supreme Court should invalidate the elections in these four swing states and prohibit these four states from voting. The latest news shows that 10 other states have joined Texas in its complaint against the 4 swing states.
In a statement on August 8, Paxton said that Georgia, Michigan, Pennsylvania, and Wisconsin had violated the Equal Protection Clause of the Constitution by changing their election rules based on the Wuhan pneumonia (a new form of coronavirus disease, COVID-19) epidemic, that the voting rules and process in different counties within a state were different, that the number of mail-in ballots had multiplied, and that the process had been done without the consent of the state legislature, which also violated the Election Clause of the Constitution.
Paxton also argued that the four swing states, by taking non-legislative action, changed their electoral rules to designate presidential electors in violation of the “electoral clause” of the Constitution, so the electoral votes of the four states should be invalid, and the Supreme Court is the only body with the authority to deal with the issue of the electoral college. According to the U.S. Constitution, disputes between 2 or more states can be brought directly to the Supreme Court.
Ten states, including Florida, have followed suit
Missouri, Kentucky, Louisiana, Mississippi, South Carolina, South Dakota, Alabama, Arkansas, Indiana, and Florida have all joined in supporting the Texas lawsuit, arguing that the four swing states violate the Constitution’s Equal Protection Clause.
If the federal Supreme Court upholds the Texas lawsuit, it will be up to the state legislature to decide its own electors and send them to the Electoral College, and the lawsuit will not be litigated in the district court but directly to the federal Supreme Court, so it’s a very important lawsuit,” said Jay Sekulow, a Trump attorney.
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