Texas Supreme Court Case Update

Since Texas launched its lawsuit against Pennsylvania and three other states Monday evening, Dec. 7, the Supreme Court has received a flood of follow-up materials, increasing the likelihood that it will eventually hear the case, Breitbart reported Dec. 10.

Texas sued Georgia, Michigan, Pennsylvania and Wisconsin, arguing that they made changes to their voting procedures outside their respective state legislatures, which are constitutionally required to control the selection of presidential electors. Texas also argues that the voting procedures within these states differ and violate the Equal Protection Clause. Texas also alleges that these violations resulted in irregularities.

The following is a small summary of follow-ups since Texas filed its complaint.

Follow-up in support of plaintiffs.

▪ President Donald Trump’s motion to intervene in the lawsuit. –

Missouri’s amici curiae brief filed on behalf of itself and “Alabama, Arkansas, Florida, Indiana, Kansas, Louisiana, Mississippi, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Utah and West Virginia. The amici curiae brief was filed in support of the Texas case. (Translator’s note: The original article was published on the evening of December 10, and at the time of publication, Arizona and Alaska had also announced their participation, for a total of 19 states)

Amicus briefs filed by Roy Moore and other “constitutional lawyers” in support of the Texas case.

An amicus brief filed by Arizona urging the Court to act quickly.

Motions to intervene as plaintiffs filed by the states of Missouri, Arkansas, Louisiana, Mississippi, South Carolina and Utah.

Two separate amicus curiae motions filed by members of the Pennsylvania Senate and House urging the Supreme Court to take up the Texas case.

▪ Christian Family Coalition’s amicus curiae motion in support of the Texas case.

An amicus brief filed by the Speaker of the Pennsylvania House of Representatives and the Majority Leader in support of the Texas case.

Motion to intervene and join as plaintiffs in this case filed by “state legislators and constituents” represented by the Justice Foundation and the Thomas More Society’s Amistad Project; their complaint has also been filed.

amicus curiae brief of 126 Republican members of the House of Representatives. (Translator’s note: The original was published on the evening of Dec. 10, when the number was 106; as of the time of publication, there were 126 members)

Amicus briefs from elected officials in four states in support of the Texas case

▪ An amicus brief prepared by the Justice and Freedom Fund in support of the Texas case.

Follow-up in support of defendants.

Amicus curiae briefs filed by Carter Phillips and other Never Trump Republican presidential opponents in support of Pennsylvania and the defendant states.

Brief of amici curiae of the District of Columbia and the states and territories of California, Colorado, Connecticut, Delaware, Guam, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, the U.S. Virgin Islands, and Washington in support of Pennsylvania and the respondent states.

City of Detroit’s amicus curiae brief in support of Pennsylvania and the defendants.

Pennsylvania called the Texas lawsuit an “inflammatory abuse of the judicial process,” prompting a shocking response from constitutional scholar Jonathan Turley: “Filing a lawsuit in the Supreme Court is the very antithesis of inflammatory. ”