Texas Throws a Hail Mary
9th December 2020
John Hinderaker at PowerLine.
Yesterday the State of Texas filed pleadings in the U.S. Supreme Court alleging that the electoral processes followed by Pennsylvania, Georgia, Michigan and Wisconsin in this year’s election were unconstitutional and the results in those states should be negated. Because this is a lawsuit between states, the Supreme Court has original and exclusive jurisdiction. Texas’s pleadings are embedded below.
The Texas motion and supporting brief are well-drafted and make a plausible case–importantly, one that, if accepted, does not require extensive fact-finding into alleged voter fraud. Reduced to its essentials, the motion alleges 1) that under the Constitution’s Electors Clause, state legislatures have plenary authority over appointment of each state’s electors; 2) that in each of the defendant states, non-legislative actors (e.g., the Secretary of State) unconstitutionally changed the rules governing this year’s election without legislative approval or ratification; 3) that these changes favored some voters over others, in violation of the Equal Protection Clause; and 4) in each state, the number of ballots that were counted pursuant to unconstitutional changes in election procedures exceeds the margin of Joe Biden’s alleged victory.
UPDATE: Number Of States Joining Texas Suit Against PaGaWiMi Hits 7