Posted originally on The Conservative Tree House on December 8, 2020 by Sundance
There are only a few instances where a party can file a direct lawsuit with the U.S. Supreme Court, a state claiming harm by another state is one of those instances.
Texas Attorney General Ken Paxton has filed a lawsuit [pdf here] with the supreme court seeking and emergency injunction against Michigan, Wisconsin, Pennsylvania and Georgia “from taking action to certify presidential electors or to have such electors take any official action including without limitation participating in the electoral college.”
The Texas AG argues that arbitrary changes made by the state’s governors, secretaries of states and election supervisors were “inconsistent with relevant state laws and were made by non-legislative entities, without any consent by the state legislatures. The acts of these officials thus directly violated the Constitution.”
The lawsuit states: “these non-legislative changes … facilitated the casting and counting of ballots in violation of state law, which, in turn, violated the Electors Clause of Article II, Section 1, Clause 2 of the U.S. Constitution.” […] “By these unlawful acts, the Defendant States have not only tainted the integrity of their own citizens vote, but their actions have also debased the votes of citizens in Plaintiff State and other States that remained loyal to the Constitution.”
Paxton notes the intent of the states may have been changes in good faith, due to COVID-19 mitigation efforts; however, the end result of the changes is in direct violation to the Constitution and therefore creates the harm.
“Certain officials in the Defendant States presented the pandemic as the justification for ignoring state laws regarding absentee and mail-in voting.” […] “The Defendant States flooded their citizenry with tens of millions of ballot applications and ballots in derogation of statutory controls as to how they are lawfully received, evaluated, and counted. Whether well intentioned or not, these unconstitutional acts had the same uniform effect they made the 2020 election less secure in the Defendant States.”