Texas trumps the other states and launches a suit that goes straight to the Supreme Court to get four naughty states to clean up
It makes so much sense (which is rare — like winning lotto in the world of politics and law and on the same day). The corruption in the swinging states is not just a problem for those states, it’s a problem for the whole nation. The US as is currently known, will cease to be the US if the Presidency can be blatantly stolen. Texans are fed up, and they want the Supreme Court to sort things out. Not surprisingly, there are rumors other states want to join Texas. Fraud hurts all the other states, but Texas got there first.
UPDATE: 8 states now in too. h/t Old Ozzie: Louisiana, Arkansas, Alabama, Florida, Kentucky, Mississippi, South Carolina, & South Dakota have all announced that they will be joining Texas in the suit https://t.co/5PKbv0KyFV.
Kris Kobach at Breitbart says that if Texas wins, the four states must figure out who their electors will be within strict constitutional rules. They could try to toss out the suspect ballots and see what’s left in the tally. They could pick 50:50 for the electoral college, or they could pick the electoral college voters themselves. Whatever their constitution allows.
Mark Wauck at Meaning in history:
14th Amendment, Section 1
… No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Once again, if individual states are allowed to flout this provision, then our social compact–the US Constitution–is effectively a dead letter. This is certainly the lesson of the struggle for equal civil rights for all persons. That struggle led us through a bloody Civil War and much else since then. The justices all understand that.
Texas, as an equal member of these United States, has a right to expect that the SCOTUS will enforce the Constitution as against all other states. To do otherwise violates the nature and purpose of the Constitution. As a remedy, Texas is asking that the Supreme Court remand the appointment of electors in the four states back to the state legislatures of those respective states.
Texas has drawn a line, whether most of the country understands that or not–and if the justices attempt to dodge or finesse these issues they will do so at great risk to the Union. The justices have to be able to sniff the scent of secession in the air.
The legal basis:
Kris W. Kobach ,Breitbart
Firstly states have to obey the constitution:
First, they violated the Electors Clause of Article II of the Constitution when executive or judicial officials in the states changed the rules of the election without going through the state legislatures. The Electors Clause requires that each State “shall appoint” its presidential electors “in such Manner as the Legislature thereof may direct.”
In the early years of the Republic, most state legislatures appointed their presidential electors directly, without holding a popular election for President. That would change during the early decades of the nineteenth century. But the constitutional principle remained the same. Regardless of whether a state appoints its electors by a vote in the legislature or by a vote of the people, it is the state legislature — and only the state legislature — that sets the rules.
The second constitutional violation revolves around the equal protection clause — the same one used in Gore v Bush. All counties need to be treated the same. All voters too. It’s not OK for poll watchers to be tossed out and it’s not OK for poll workers to fix up problems with some votes but not others.
h/t Bill C Shepard
The Suit: https://t.co/O3iEBQKq13?amp=1