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Monday, Texas Attorney General Ken Paxton filed a pleading with the United States Supreme Court in a way that has attracted some very astute legal minds.
Texas claims the processes followed in Pennsylvania, Georgia, Michigan, and Wisconsin in this year's election were unconstitutional and the results in those states should be negated.
The US Supreme Court has asked these four states to respond by 3 PM (ET) Thursday, December 10.
That's today.
President Trump tweeted: "This is the big one," we will be intervening with Texas...Our country needs a victory."
Arkansas, Alabama, Missouri, and Louisiana have now joined in support of Paxton's motion.
How will the accused states respond? How will the Supreme Court respond?
Be informed, not misled.
Essentially Texas is arguing that the electoral process in Georgia, Michigan, Pennsylvania, and Wisconsin were unconstitutional and that the results should be negated. And because this is a lawsuit between states, the Supreme Court has original and exclusive jurisdiction.
Powerline's John Hinderaker is calling the move a "Hail Mary"---referring to a football play that at the end of the game the team with the ball runs into the end zone and the quarterback throws the ball into the end zone "praying " that one of his team members catch the ball and win the game.
You probably remember that analogy from the days when we were allowed to go to football games...and church and elsewhere.
The claim.
Paxton's appeal to the Court affirms how important the integrity of our election process is because it "binds our citizenry and the States in this Union together."
And he says the states named in his appeal "violated statutes enacted by their duly elected legislatures, thereby violating the Constitution. By ignoring both state and federal law, these states not only tainted the integrity of their own citizens' vote, but of Texas and every other state that held lawful elections."
Texas A/G also said: "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."
The basis for this appeal to the High Court is that 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 United States Constitution.
These states did not do that. Local officials made rushed decisions that were not approved by state legislatures as the Constitution requires.
The "Electors Clause" requires that only a state legislature may set the rules governing the appointment of electors and elections, and that cannot be delegated to local officials.
Is there time for the Supreme Court to take any kind of action?
Texas Attorney General Paxton argues that there is time for the Court to act. Here's what he says:
"None of the looming election deadlines are constitutional, and they are within this Court's power to enjoin. Indeed, if this Court vacated a state's appointment of presidential electors, those electors could not vote on December 14, 2020; if the Court vacated their vote after the fact, the House of Representatives could not count those votes on January 6, 2021. Moreover, any remedial action can be complete well before January. Indeed, even the swearing in of the next president on January 20, 2021, will not moot this case because review could outlast even the selection of the next president..."
A number of legal scholars say this case strikes them as plausible from a legal standpoint because it avoids the "morass of fact-finding on numerous claims of fraud and wrong doing"---which I personally believe exist in abundance.
In other words, this case cuts to the bottom line. We should know something more about it today.
The takeaway.
The wisdom of this motion, in my opinion, is that it avoids addressing the mountain of detailed voter fraud which would take months, even years to fully investigate---much of which I believe to be true based on my own research.
However, this Texas motion specifically addresses one issue---the "Elector's Clause" which states that each state legislature has authority and anyone else who changes the rules are in violation of the "Clause", therefore in violation of the Constitution.
People other than the state legislature made changes to the election process in each state named in the Texas motion. The Supreme Court will not want to act on this case because of it's enormous consequence.
Should they not rule, they will have allowed the corruption sworn to by hundreds, maybe thousands of American citizens who have reported---under oath-- corruption they personally witnessed.
Lawlessness and disregard for our Constitution will have prevailed if the Supreme Court somehow "excuses themselves" because of the personal discomfort for the justices who have sworn to uphold and interpret our laws.
If the Court rules in favor of Texas and negates the votes in these states that were counted pursuant to unconstitutional procedural changes, it will change the outcome of the election, because the amount involved exceeds the margin of Joe Biden's alleged victory.
The Court is in the hot seat---exactly what they accepted when they took their oath.
Will they affirm lawlessness as Democrat mayors and governors did throughout 2020 by allowing, even praising the tens of thousands of so-called "demonstrators" who destroyed, defaced, diminished, and looted our cities in the name of so-called "justice?" And "black lives?"
Or will they take their oath seriously?
We'll soon see. We should get some indication today as to which way this matter is going to move.
John Adams helped create this country---he was both a Founding Father and the second President of the United States.
He said this in 1776:
"Judges, therefore, should be always men of learning and experience in the laws, of exemplary morals, great patience, calmness, coolness, and attention. Their minds should not be distracted with jarring interests; they should not be dependent upon any man, or body of men."
That's exactly what Texas and the more than 70 million people who voted for Trump are asking for.
Be Informed. Be Discerning. Be Vigilant. Be Prayerful.