On Tuesday, the State of Texas filed a lawsuit in the Supreme Court against Georgia, Michigan, Pennsylvania, and Wisconsin. The suit alleged that because these states conducted elections that violated their own laws, they tainted the integrity of the vote, something that damaged not only their own citizens, but also the citizens in other states. Because this is an intelligent, powerful case, it's no surprise that eight other states have already joined the litigation.
To date, we've seen a multiplicity of lawsuits filed, although, significantly, none has come before the Supreme Court for substantive review. Courts in various states, however, have proven resistant to these suits.
As I noted here, partisan judges are issuing what I will politely call "garbage" decisions. Judges are refusing to consider the evidence, with only one Nevada court attempting to do so. Instead, they make variations of the argument that, if courts were to consider Trump's claims, they would run the risk of "disenfranchising" Biden voters.
That is a singularly dishonest argument. Disenfranchisement occurs when people are deprived of the right to vote. No one was deprived here. What Trump is doing, with his request that every legal vote count, is asking that courts invalidate illegal votes. You cannot disenfranchise an illegal voter, whether that "voter" is dead, a computer algorithm, or a form filled out in a Chinese print shop.
Do you know what happens when you invalidate fraudulent votes and count only legal votes? You identify the winner and loser in an election, as has happened in America since 1792. Those who voted for the losing candidate were not disenfranchised; they just voted for the losing candidate.
The Texas lawsuit argues that the four defendant states changed their mail-in voting rules without going through the constitutional, legislative process. By doing so, they assured illegal mail-in votes, meaning that all votes under the new "rules" were illegal from the get-go. These invalid votes override the will of those who legitimately cast votes, tainting the national election.
After all, we are a federation of states. While the individual states control their own election rules, each state is affected by the election outcomes in the other states. Texas attorney general Ken Paxton's statement about the lawsuit perfectly sums up the correct legal standard:
Because this is a suit between two states, the Supreme Court has original jurisdiction. It's also a factually pure case, which does not require looking at the reams of evidence demonstrating fraud.
If you want a good overview about why the case is really huge, Jay Sekulow, one of America's most brilliant constitutional lawyers, and his team at the American Center for Law and Justice explain the procedure and the substance:
(Here's more about the role the House of Representatives could play. Also, you can see the lawsuit here.)
No wonder it appears that eight other states have joined the case (Arkansas, Florida, Louisiana, Mississippi, Alabama, Kentucky, North Carolina , and South Carolina). The only thing that remains to be seen is whether the Supreme Court justices are willing to show the necessary courage to ensure that the will of the people, and not the will of the corruptocrats, prevails in this election.
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