Ken Paxton, the Attorney General of the State of Texas has asked the Supreme Court of the United States for leave to file suit against the Commonwealth of Pennsylvania and the States of Georgia, Michigan and Wisconsin in regard to the 2020 Presidential Election. In a move that is genius times infinity, the Texas AG is not alleging funky machines or some malevolent plot by unseen actors. Paxton is asking to sue on Constitutional grounds.

If you wish to read this beautifully written filing, the link is here. The motion to file relies on the Elector’s Clause in The Constitution which gives state legislatures absolute power regarding the selection of electors, that voters in Democrat held areas were treated differently, and that:

The appearance of voting irregularities in the Defendant States that would be consistent with the unconstitutional relaxation of ballot-integrity protections in those States’ election laws.

The filing claims that these irregularities violate equal protection, due process and the electors clause. By filing against the States and not individuals, the case will not have to wend its way through lower courts and will go directly to the U.S. Supreme Court.

Despite being told we need to suck it up and get on the Biden train for the sake of unity, we all know what we saw on Election Night. The media will tell you that there is nothing to see here, but Arizona’s election fraud hearing did nothing to make us feel like having a Kumbaya moment, nor did Georgia’s. A judge in Antrim County, Michigan has allowed a forensic examination of voting machines in that county. Again, these things take time. We don’t have time.

The Texas Attorney General made the time crunch clear in the Supreme Court filing attached to the request to file. His opening paragraphs are eloquent on this fact:

Our Country stands at an important crossroads. Either the Constitution matters and must be followed, even when some officials consider it inconvenient or out of date, or it is simply a piece of parchment on display at the National Archives. We ask the Court to choose the former.

Lawful elections are at the heart of our constitutional democracy. The public, and indeed the candidates themselves, have a compelling interest in ensuring that the selection of a President—any President—is legitimate. If that trust is lost, the American Experiment will founder. A dark cloud
hangs over the 2020 Presidential election.

That’s all that we want. We want to have faith in the integrity of our elections. If Joe Biden beat Donald Trump fair and square, so be it. But if you believe that in the 2020 Election Joe Biden got 15 million more votes than Barack Obama got in 2012, you are a mouth breathing moron.

Not everyone believe this filing to the Supreme Court of the United States is a thing of beauty. A Texas local CBS station reported it this way:

Indeed, University of Texas law professor Stephen Vladeck did tweet that this was a crazy lawsuit:

It looks like we have a new leader in the “craziest lawsuit filed to purportedly challenge the election” category:

The State of Texas is suing Pennsylvania, Georgia, Michigan, and Wisconsin *directly* in #SCOTUS.

(Spoiler alert: The Court is *never* going to hear this one.) pic.twitter.com/2L4GmdCB6I

— Steve Vladeck (@steve_vladeck) December 8, 2020

Please, Professor Vladeck, go pound sand. We keep hearing this over and over. There is nothing to see here. Move along. It just makes us more sure that something is rotten in certain states.

The relief sought by this lawsuit includes declaring that the States and Commonwealth defendants violated the Electors Clause and the Fourteenth Amendment, declare that the defendant states’ electors cannot be counted, award costs to the Plaintiff State, and other such remedies as the Court sees as proper.

I understand the importance of this lawsuit. By changing the rules at the last minute in a manner not prescribed by The Constitution, the defendant states violated the rights of all of us in the other states. It would be helpful if other states like, Florida, Ohio and Tennessee asked to join in this lawsuit.

The problem is that the remedies requested by the State of Texas would violate the rights of lawful voters in the defendant states. I only have twelve hours of business law courses, so I am no expert. It will be interesting to see if Professor Vladeck is right, or if the Supreme Court does take the case and what the Justices have to say.

**Update**

According to Urban Milwaukee, at least two other states are considering joining Texas in this lawsuit:

Alabama Attorney General Steve Marshall would bring his state into the case, should it become one. “The unconstitutional actions and fraudulent votes in other states not only affect the citizens of those states, they affect the citizens of all states – of the entire United States,” said Marshall, without presenting any evidence of fraud or unconstitutional actions.

Louisiana Attorney General Jeff Landry also endorsed the move. “Louisiana citizens are damaged if elections in other states were conducted outside the confines of the Constitution while we obeyed the rules,” said Landry, alleging judicial overreach in Pennsylvania.

This is YUGE!

**Update**

The Supreme Court has ordered the states named in the Texas lawsuit to respond by Thursday, December 10.

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