This article was originally published by Michael Snyder at The End of the American Dream.
Very few of the lawsuits that Trump’s legal team has filed since Election Day have really worried the left, but when Texas Attorney General Ken Paxton filed a lawsuit directly with the Supreme Court on Monday night they immediately began freaking out. The reason why they are so alarmed is because they understand that this suit has the potential to flip the election.
The suit alleges that the states of Georgia, Michigan, Pennsylvania, and Wisconsin conducted their elections in ways that violated the U.S. Constitution, and if the Supreme Court agrees that would almost certainly mean that the Supreme Court would force the state legislatures of those states “to appoint a new set of presidential electors in a manner that does not violate the Electors Clause and the Fourteenth Amendment”.
At this hour, we are being told that Louisiana, Arkansas, Alabama, Florida, Kentucky, Mississippi, South Carolina, and South Dakota have all joined the suit that Paxton has filed. The U.S. Constitution gives the Supreme Court original jurisdiction over controversies between states, and so this is why this case did not need to be filed in a lower court first. But the Supreme Court is not obligated to hear any particular case, and many on the left initially thought that the Court would never actually agree to hear it.
Well, it was put on the docket just 12 hours after it was filed, and so it will be heard.
And on Tuesday evening, the Supreme Court ordered the defending states to file their answers by Thursday at 3 PM eastern time.
So this is really happening.
The Supreme Court will determine the fate of the 2020 election after all.
In his complaint, Paxton argued that voters in his state were affected by the unconstitutional voting procedures in the other states because in “the shared enterprise of the entire nation electing the president and vice president, equal protection violations in one state can and do adversely affect and diminish the weight of votes cast in states that lawfully abide by the election structure set forth in the Constitution.”
And he is absolutely correct. When one or more states violates the U.S. Constitution during a presidential election, that harms everyone that voted, because voters in every state are involved in electing the president.
According to the Electors Clause, state legislatures have the authority to establish how presidential electors will be chosen in their particular states, but Paxton alleges that government officials in Georgia, Michigan, Pennsylvania, and Wisconsin made up their own rules and did not follow the election laws that had been passed by their own state legislatures…
“Using the COVID-19 pandemic as a justification, government officials in the defendant states of Georgia, Michigan, and Wisconsin, and the Commonwealth of Pennsylvania, usurped their legislatures’ authority and unconstitutionally revised their state’s election statutes,” Paxton wrote in his filing.
“To safeguard public legitimacy at this unprecedented moment and restore public trust in the presidential election, this Court should extend the December 14, 2020 deadline for Defendant States’ certification of presidential electors to allow these investigations to be completed,” he wrote. “Should one of the two leading candidates receive an absolute majority of the presidential electors’ votes to be cast on December 14, this would finalize the selection of our President. The only date that is mandated under the Constitution, however, is January 20, 2021.”
Unlike the allegations of election fraud that are floating around out there, these allegations are very easy to prove.
The following is a brief summary of some of the issues in each of the four states that comes from the Heritage Foundation…
- Pennsylvania: The complaint accuses Pennsylvania Secretary of State Kathy Boockvar of, among other things, “without legislative approval, unilaterally abrogating” Pennsylvania statutes that require “signature verification for absentee or mail-in ballots.” These changes were “not ratified” by the Pennsylvania legislature.
- Georgia: Similarly, the complaint describes how Georgia’s Secretary of State, Brad Raffensperger, also “without legislative approval, unilaterally abrogated Georgia’s statute governing the signature verification process for absentee ballots.”
- Michigan: The complaint states that Michigan Secretary of State Jocelyn Benson “abrogated Michigan election statutes related to absentee ballot applications and signature verification.”
- Wisconsin: Lastly, Wisconsin’s elections commission made similar changes in state laws without the permission of the legislature that “weakened, or did away with, established security procedures put in place by the Wisconsin legislature to ensure absentee ballot integrity.”
For these constitutional violations alone, the election results in all four states should be thrown out.
In addition, in his complaint, Paxton alleges that voters in various parts of these states were treated very differently…
Second, the complaint describes how voters in different parts of these states were treated differently. For example, election officials in Philadelphia and Allegheny Counties in Pennsylvania set up a “cure process” for voters in those jurisdictions whose absentee ballots did not comply with state legal requirements. Those noncompliant ballots should have been rejected because state law does not allow such a procedure.
As a result of this behavior and similar behavior in other states, there was “more favorable treatment allotted to votes” in areas “administered by local government under Democrat control.”
Once again, this should be a slam dunk to prove based on the evidence that has already been publicly presented.
And without a doubt, differential treatment violates the Equal Protection Clause of the Fourteenth Amendment.
On top of that, in Bush v. Gore the Supreme Court clearly prohibited “the use of differential standards in the treatment and tabulation of ballots within a state.”.
Since differential standards in the treatment of ballots occurred in all four states, that should mean that the election results in all four states should be thrown out.
Lastly, Paxton alleges that there were “voting irregularities” in each of the four states, and those allegations are going to be more difficult to prove.
But Paxton doesn’t need to prove them, because the violations of the Electors Clause and the violations of the Equal Protection Clause of the Fourteenth Amendment should both be slam dunks.
Assuming that is the case, what is the appropriate remedy?
Paxton is asking that the state legislatures of Georgia, Michigan, Pennsylvania, and Wisconsin be forced “to appoint a new set of presidential electors in a manner that does not violate the Electors Clause and the Fourteenth Amendment, or to appoint no presidential electors at all.”
In each of those states, those legislatures could opt to hold new elections, or alternatively, they could decide to choose new slates of electors themselves.
And since all four of those state legislatures are controlled by Republicans, that would seem to favor President Trump.
Needless to say, if the current election results in Georgia, Michigan, Pennsylvania, and Wisconsin are overturned, the left will have a massive temper tantrum. Cities all over the nation would burn and we would see endless civil unrest for the foreseeable future.
So that may make some members of the Court hesitant to overturn the current election results no matter what the Constitution actually says.
But if there are at least five justices that are willing to follow the Constitution no matter what the consequences are, we may soon see the most shocking decision in the entire history of the U.S. Supreme Court.
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United States Supreme Court
The allegations in the Bill of Complaint raise
important constitutional issues under the Electors Clause of Article II, § 1. They also raise serious concerns relating to election integrity and public confidence in elections. These are questions of great public importance that warrant this Court’s attention. The Court should grant the Plaintiff’s Motion for Leave to File Bill of Complaint.
After researching Georgia, Michigan, Pennsylvania Wisconsin State law
its incredible the number of laws at the state level that enable Democrats to cheat.
So I’m thinking ….why were these decisions not appealed at the time of their inception?
Awww yes for everything there is a season
This might be the biggest sting operation of all times. OF ALL TIMES.
One thing you can count on tho
….is nobody will go to jail.
If held accountable the ballot stuffers would be looking at more time than Ron Jeremy.
im sure Republicans would settle for a win.
“…the left will have a massive temper tantrum…”
(Since Reconstruction, but we can only remember so far back as the civil rights era.)
Every picnic table, curb, bus bench, phone both, restroom, and drinking fountain shows where they have been.
She was never put in prison. Mexico never paid for the wall, in spite of the historical deportation of birthright (sic) citizens. We kept DACA, have a Platinum Plan, and tend toward the single payer healthcare, as it was originally intended. Are you tired of winning, yet?
Conservative interests beg for a benevolent dictatorship.
Thank you to the patriotic justices that decided to hear this case. Clearly enabling “cheats, thieves, & scofflaws” to steal this election is wrong. If we want any of our CITIZENS to obey the laws of this land, this GREAT INJUSTICE (theft of an election) must not stand. Insurrectionists of the Demonrat persuasion have already thrown the “RULE OF LAW” under the bus. They will be dealt with in a harsher manner. When the TEMPER TANTRUM CROWD crawls out of their parents basements to burn our civilization they should be …… Semper Fidelis.
Then let those cities burn. I frankly don’t care at this point. Let those that have firearms defend themselves and for those that aren’t prepared…. sucks to be them when the mob shows up. Otherwise Trump should use the military to put down these riots with DEADLY FORCE. Screw those Marxist rioters.
“Our Government is the potent, omnipresent teacher. If the Government becomes the law-breaker it breeds Contempt for the Law; it invites every man to become a law unto himself; it invites Anarchy.”
Justice Louis D Brandeis, SCOTUS
Should Petitioners NOT achieve significant, material RELIEF subsequent to review by SCOTUS in this matter now before them, then the LAW is shown clearly to be absent JUSTICE…and it then falls under the sweep of Thomas Jefferson’s most famous quote. Be patient but a short time everyone, we’ll shortly KNOW if there remains any basis to respect the Law…and if not, then the Tree of Liberty must needs be refreshed once more. You all know the quote, I won’t belabor it here again…
Sovereign immunity makes it impossible for one state to sue another. so it’s a moot point at best.
I have some hope hat the Supremes will do the right thing. However Americans would be wise to prepare for what a Harris Administration will bring.
In theory, then, the electoral college would determine the fate of the nation.