Tuesday, December 8, 2020

New case goes directly to U.S. Supreme Court --- it involves a direct action by one State in the Union directly against several other States in the Union for violation of the U.S. Constitution in their conduct of the 2020 Election for President

 
As Monty Python might have said back in the day  >>> "AND NOW FOR SOMETHING COMPLETELY DIFFERENT"



Breitbart News is reporting that:

Shortly before midnight on Monday evening, attorneys for the State of Texas filed a lawsuit directly with the U.S. Supreme Court  challenging the election procedures employed in Georgia, Michigan, Pennsylvania, and Wisconsin during the 2020 Presidential Election on the grounds that those procedures violate the procedures spelled out in United States Constitution.....

 

Texas' argument is that Georgia, Michigan, Pennsylvania, and Wisconsin violated the "Electors Clause" of the U.S. Constitution, because those states made changes to the voting rules  and procedures in their respective states through the orders of their  state  courts, or by  state executive actions, but not through their respective state legislatures as called for under the provisions of the "Electors Clause".....



Additionally, Texas argues that there also were differences in voting rules and procedures, as applied,  among different counties within those states, violating the Constitution’s Equal Protection Clause;  and lastly, that there were  significant “voting irregularities” in each of the named states as a result of the improperly adopted changes in the voting rules and procedures in Georgia, Michigan, Pennsylvania, and Wisconsin..... 



The remedy demanded by Texas is that the SCOTUS order that no electors be selected by the states of Georgia, Michigan, Pennsylvania, and Wisconsin pursuant to any certification of any popular vote in any of those states, but instead that the electors from Georgia, Michigan, Pennsylvania, and Wisconsin be directly appointed by the state legislators in those states pursuant to the constitution's "Electors Clause".....


More info when we get it.

16 comments:

Anonymous said...

Supreme Courtyard by Marriott?

Anonymous said...

I worked on a cert petition that went directly to high court. That was in 1995.

Galewyn Massey said...

UPDATE & BACKFILL: "IN THE FEATURED POST ABOVE, WE DID SAY THAT >>> 'BREITBART NEWS IS REPORTING THAT...' <<<" EDITION

NOW IT SEEMS THAT THE TEXAS AG FILED HIS CASE THIS MORNING (TUESDAY) AND NOT LATE MONDAY

HERE'S THE TEXAS AG KENNETH PAXTON'S PRESS RELEASE ABOUT HIS CASE FOR THE SCOTUS (LIKE PRAGO SAUCE, "IT'S ALL IN THERE"):

"Texas Attorney General Ken Paxton today filed a lawsuit against Georgia, Michigan, Pennsylvania and Wisconsin in the United States Supreme Court. The four states exploited the COVID-19 pandemic to justify ignoring federal and state election laws and unlawfully enacting last-minute changes, thus skewing the results of the 2020 General Election. The battleground states flooded their people with unlawful ballot applications and ballots while ignoring statutory requirements as to how they were received, evaluated and counted.... 'Trust in the integrity of our election processes is sacrosanct and binds our citizenry and the States in this Union together. Georgia, Michigan, Pennsylvania and Wisconsin destroyed that trust and compromised the security and integrity of the 2020 election. The states violated statutes enacted by their duly elected legislatures, thereby violating the Constitution. By ignoring both state and federal law, these states have not only tainted the integrity of their own citizens’ vote, but of Texas and every other state that held lawful elections,' said Attorney General Paxton. "Their failure to abide by the rule of law casts a dark shadow of doubt over the outcome of the entire election. We now ask that the Supreme Court step in to correct this egregious error."...' Elections for federal office must comport with federal constitutional standards. For presidential elections, each state must appoint its electors to the electoral college in a manner that complies with the Constitution. The Electors Clause requirement that only state legislatures may set the rules governing the appointment of electors and elections and cannot be delegated to local officials. The majority of the rushed decisions, made by local officials, were not approved by the state legislatures, thereby circumventing the Constitution...."

Texas AG Paxton also asked for the following very broad interim relief >>> He asked the court to restrain the states from voting in the electoral college until it hears arguments in the case. <<<

Anonymous said...

oh boy

Anonymous said...

Article in Politico says Max is talking about entering race for Mayor.

Anonymous said...

SCOTUS just ordered a response from defendants. Thats a BFD.

Anonymous said...

just wear a mask for 100 days and all will be well

Galewyn Massey said...

MORE UPDATE & BACKFILL: THE " 'OBJECTIVE' NAYSAYER ALAN DERSHOWITZ SAYS THAT TEXAS CASE NOT LIKELY TO OVERTURN THE ELECTION RESULTS" EDITION


DERSHOWITZ OBSERVES THAT THE SCOTUS WILL TAKE THE MATTER VERY SEROUSLY; BUT IN THE END, THE COURT WILL MOST LIKELY LET THE ELECTION STAND AND ALLOW THE ELECTORAL PROCESSES TO CONTINUE WITHOUT ACTIVE INTERVENTION BY THE COURT


Alan Dershowitz said in a TV interview televised by Newsmax on Tuesday that the Texas’ attempt at suing multiple other states over various aspects of the 2020 presidential election that could be described as unconstitutional is a very “creative approach” to getting the case to the U.S. Supreme Court. He also indicated that it “almost certainly” would not overturn the results of the 2020 election for president.

Dershowitz specifically noted that the U.S. Constitution allows a state to sue another state, but historically it rarely happened and it almost never succeeds in what the initiating state is trying to accomplish. Nonetheless, Professor Dershowitz emphasized that "... it’s a very creative approach” to the issues that the pro-Trump folks want to get before the U.S. Supreme Court.

Dershowitz noted that the State of Texas' argument that Texans have been deprived of their rights is somewhat of “a stretch,” however also pointing out that “... it’s never been tried before....”

According to Dershowitz, the Texas case “... probably will be taken seriously by the Supreme Court." He then asked rhetorically, ".... Will it result in an undoing of the election? --- Almost certainly not.”

Anonymous said...

Yes Dershowitz is correct that its rare for one state to sue another and it almost never succeeds. But it only has to happen once.

Anonymous said...

The last time SCOTUS heard a dispute between the states was when 4 states sued Colorado for legalizing pot. I guess thats why theres no more pot.

Galewyn Massey said...

UPDATE: THE "GUESS WHO ? SAID WHAT ??? ON TWITTER" EDITION

PRESIDENT TRUMP SAYS THAT HE INTENDS TO INTERVENE IN THE TEXAS CASE GOING BEFORE THE SCOTUS


According to a report from Reuters --- "WASHINGTON (Reuters) -President Donald Trump on Wednesday vowed to intervene in a long-shot lawsuit by the state of Texas filed at the U.S. Supreme Court trying to throw out the voting results in four states he lost to President-elect Joe Biden as he seeks to undo the outcome of the election.... The Republican president, writing on Twitter, said: 'We will be INTERVENING in the Texas (plus many other states) case. This is the big one. Our Country needs a victory!'..."

Other news outlets, like Fox News and Newsmax, have covered this Tweet as well.....

Several other states' AGs have indicated that they might join in the Texas lawsuit before the SCOTUS.....

Anonymous said...

Is justin the fat guy?

Galewyn Massey said...

UPDATE: THE "AS PREDICTED BY SEVERAL OBSERVERS, INCLUDING PRESIDENT TRUMP, MULTIPLE STATES HAVE MOVED TO JOIN IN THE DIRECT ACTION THAT TEXAS TOOK TO THE U.S. SUPREME COURT AGAINST GEORGIA, PENNSYLVANIA, MICHIGAN & WISCONSIN CITING THEIR "UNCONSTITUTIONAL" CHANGES TO THEIR VOTING RULES IN 2020" EDITION

MAYBE, IT IS ONLY "MAKEWEIGHT" --- HOWEVER, ADDING SEVENTEEN MORE STATES INTO THE MIX IS SURE A LOT OF MAKEWEIGHT.....


Seventeen states filed a motion Wednesday backing Texas’ longshot legal effort to get the U.S. Supreme Court to overturn election results in four states that helped deliver the presidency to Democrat Joe Biden.

Missouri’s attorney general filed an amicus motion in support of Texas, and that motion was joined by his counterparts from sixteen (16) other states, specifically: Alabama, Arkansas, Florida, Indiana, Kansas, Louisiana, Mississippi, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Utah and West Virginia.

The 23-page motion urged the Supreme Court to hear and consider the allegations presented in the Texas action, arguing that Texas, and now seventeen other states, are not meddling in the internal affairs of Georgia, Pennsylvania, Michigan and Wisconsin, but Texas and the others are only protecting the value of their own electoral votes. They cited the risk of fraud from massively expanded mail balloting, as well as the “unconstitutional encroachment” of state courts and governors on election procedures the Constitution says only state legislatures can set.... Missouri and the other states joining Texas at the SCOTUS argued that, “States have a strong interest in ensuring that the votes of their own citizens are not diluted by the unconstitutional administration of elections in other States,”

Anonymous said...

What will Gorsuch and the church lady do?

Anonymous said...

Because of COVID the legislators of each of the 4 states in question stayed home. But they could go to a bar.

Anonymous said...

Rose is running for Mayor. Just read it in the Post.