Texas Sues 4 Battlefield States within the Supreme Courtroom for “Unlawful Election Outcomes”

United States President Donald Trump waves with Texas Attorney General Ken Paxton (L) upon arrival on June 11, 2020 in Dallas, Texas where he will host a roundtable of faith leaders and small business owners.

Nicholas Comb | AFP | Getty Images

Texas Republican Attorney General Ken Paxton announced Tuesday a lawsuit in the U.S. Supreme Court to invalidate the results of the presidential election results in four major swing states that helped bring Joe Biden’s victory over President Donald Trump secure.

The lawsuit, filed directly with the Supreme Court, states that “unlawful election results” in Pennsylvania, Georgia, Wisconsin and Michigan – all won by Biden – should be declared unconstitutional.

The filing argues that these states used the coronavirus pandemic as an excuse to unlawfully change their electoral rules “through executive fiat or amicable lawsuits which weakened the integrity of the ballot papers”.

“All electoral college votes cast by such presidential voters appointed” in these states “cannot be counted,” Texas urges the Supreme Court to rule.

The Lone Star State’s attempt to devalue other states’ electoral votes follows a series of long-term legal challenges with similar goals that have been brought to court by Trump’s campaign and other lawyers. These lawsuits have repeatedly failed to invalidate the ballots cast for Biden.

The allegations in the Texas lawsuit “are false and irresponsible,” Georgia Deputy Secretary of State Jordan Fuchs said in a fiery statement shortly after Paxton announced legal action.

“Texas claims that there are 80,000 forged signatures on postal ballots in Georgia, but they don’t bring up a single person to whom this happened. That’s because it didn’t,” Fuchs said.

Suffrage experts also quickly dismissed the likelihood that the nine Supreme Court justices would open the case. Paul Smith, a professor at Georgetown University Law Center, said the case was “insane.”

“Pennsylvania and the rest of the world have a whole system of contesting elections – that’s all,” said Smith. “I don’t think the Supreme Court will be interested.”

The professor added that Texas may have difficulty proving that it has grounds for action that are legally known as “standing”.

“It is completely unprecedented for any state to claim in the Supreme Court that other states’ votes were cast incorrectly – that never happened,” he said. “What is the violation of the state of Texas because Pennsylvania’s votes were cast for Mr. Biden instead of Mr. Trump? There is no connection there.”

The lawsuit against the four states ends with a critical deadline in the electoral certification process known as the “Safe Harbor” threshold. Thereafter, Congress is forced to accept the states’ certified results.

Six days later, the electoral college voters will cast their votes, marking Biden’s victory. The lawsuit also calls on the Supreme Court to extend the December 14 deadline “so that these investigations can be completed”.

In most cases, the Supreme Court hears only cases that have been appealed by the lower courts. In cases between two or more states, however, the court originally has jurisdiction.

The case is not the first on election to reach the judges, although the court has not yet made a substantial decision on either side. In another lawsuit that the court may soon weigh, Pennsylvania Republican MP Mike Kelly, an ally of Trump, is challenging virtually all of the state’s postal ballot papers and asking the court to nullify millions of votes.

Biden is expected to win 306 electoral college votes – 36 more than needed to beat Trump, who is said to receive 232 such votes.

But Trump refuses to allow Biden. The president, more than a month after election day, continues to falsely insist that he has won the race while promoting a wide range of unproven conspiracy theories allegedly pointing to election or election fraud.

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