TX sues GA, MI, WI, and PA at Supreme Court

76,901 Views | 978 Replies | Last: 3 yr ago by Rebel Yell
EDHEC Ag
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AG
Quote:

Texas argues that these states violated the Electors Clause of the Constitution because they made changes to voting rules and procedures through the courts or through executive actions, but not through the state legislatures. Additionally, Texas argues that there were differences in voting rules and procedures in different counties within the states, violating the Constitution's Equal Protection Clause. Finally, Texas argues that there were "voting irregularities" in these states as a result of the above.

Texas is asking the Supreme Court to order the states to allow their legislatures to appoint their electors.

Link
pacecar02
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I predicted this, will Texas be the only one?
Houston Lee
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AG


Quote:

The State of Texas filed a lawsuit directly with the U.S. Supreme Court shortly before midnight on Monday challenging the election procedures in Georgia, Michigan, Pennsylvania, and Wisconsin on the grounds that they violate the Constitution.

Texas argues that these states violated the Electors Clause of the Constitution because they made changes to voting rules and procedures through the courts or through executive actions, but not through the state legislatures. Additionally, Texas argues that there were differences in voting rules and procedures in different counties within the states, violating the Constitution's Equal Protection Clause. Finally, Texas argues that there were "voting irregularities" in these states as a result of the above.

Texas is asking the Supreme Court to order the states to allow their legislatures to appoint their electors. The lawsuit says:

Certain officials in the Defendant States presented the pandemic as the justification for ignoring state laws regarding absentee and mail-in voting. The Defendant States flooded their citizenry with tens of millions of ballot applications and ballots in derogation of statutory controls as to how they are lawfully received, evaluated, and counted. Whether well intentioned or not, these unconstitutional acts had the same uniform effectthey made the 2020 election less secure in the Defendant States. Those changes are inconsistent with relevant state laws and were made by non-legislative entities, without any consent by the state legislatures. The acts of these officials thus directly violated the Constitution.



This case presents a question of law: Did the Defendant States violate the Electors Clause by taking non-legislative actions to change the election rules that would govern the appointment of presidential electors? These non-legislative changes to the Defendant States' election laws facilitated the casting and counting of ballots in violation of state law, which, in turn, violated the Electors Clause of Article II, Section 1, Clause 2 of the U.S. Constitution. By these unlawful acts, the Defendant States have not only tainted the integrity of their own citizens' vote, but their actions have also debased the votes of citizens in Plaintiff State and other States that remained loyal to the Constitution.

Texas approached the Supreme Court directly because Article III provides that it is the court of first impression on subjects where it has original jurisdiction, such as disputes between two or more states.
eric76
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AG
Does anyone have a link to the lawsuit itself?
BluHorseShu
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AG
EDHEC Ag said:

Quote:

Texas argues that these states violated the Electors Clause of the Constitution because they made changes to voting rules and procedures through the courts or through executive actions, but not through the state legislatures. Additionally, Texas argues that there were differences in voting rules and procedures in different counties within the states, violating the Constitution's Equal Protection Clause. Finally, Texas argues that there were "voting irregularities" in these states as a result of the above.

Texas is asking the Supreme Court to order the states to allow their legislatures to appoint their electors.

Link

So what harm does the suit say Texas (the state or on behalf of the people?) suffered?
AggieRain
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AG
Bout time.
vette
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BluHorseShu said:

EDHEC Ag said:

Quote:

Texas argues that these states violated the Electors Clause of the Constitution because they made changes to voting rules and procedures through the courts or through executive actions, but not through the state legislatures. Additionally, Texas argues that there were differences in voting rules and procedures in different counties within the states, violating the Constitution's Equal Protection Clause. Finally, Texas argues that there were "voting irregularities" in these states as a result of the above.

Texas is asking the Supreme Court to order the states to allow their legislatures to appoint their electors.

Link

So what harm does the suit say Texas (the state or on behalf of the people?) suffered?


That Joe Biden would be president? Is this a real question?
CondensedFogAggie
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Well, now I know 5 states that will spend additional taxpayer money on lawyers.
t_J_e_C_x
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AG
vette said:

BluHorseShu said:

EDHEC Ag said:

Quote:

Texas argues that these states violated the Electors Clause of the Constitution because they made changes to voting rules and procedures through the courts or through executive actions, but not through the state legislatures. Additionally, Texas argues that there were differences in voting rules and procedures in different counties within the states, violating the Constitution's Equal Protection Clause. Finally, Texas argues that there were "voting irregularities" in these states as a result of the above.

Texas is asking the Supreme Court to order the states to allow their legislatures to appoint their electors.

Link

So what harm does the suit say Texas (the state or on behalf of the people?) suffered?


That Joe Biden would be president? Is this a real question?


SCOTUS won't accept that reply.
C/O 2013 - Company E2
tysker
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BluHorseShu said:

EDHEC Ag said:

Quote:

Texas argues that these states violated the Electors Clause of the Constitution because they made changes to voting rules and procedures through the courts or through executive actions, but not through the state legislatures. Additionally, Texas argues that there were differences in voting rules and procedures in different counties within the states, violating the Constitution's Equal Protection Clause. Finally, Texas argues that there were "voting irregularities" in these states as a result of the above.

Texas is asking the Supreme Court to order the states to allow their legislatures to appoint their electors.


Link

So what harm does the suit say Texas (the state or on behalf of the people?) suffered?

Is harm required in Controversies among States or is proof of violating the Constitution enough?

Eta: if harm is required, then such suits would arise from whom? The people of the particular state only? You could even make the case no one was 'harmed' yet the Constitution was still violated.
ttu_85
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BluHorseShu said:

EDHEC Ag said:

Quote:

Texas argues that these states violated the Electors Clause of the Constitution because they made changes to voting rules and procedures through the courts or through executive actions, but not through the state legislatures. Additionally, Texas argues that there were differences in voting rules and procedures in different counties within the states, violating the Constitution's Equal Protection Clause. Finally, Texas argues that there were "voting irregularities" in these states as a result of the above.

Texas is asking the Supreme Court to order the states to allow their legislatures to appoint their electors.

Link

So what harm does the suit say Texas (the state or on behalf of the people?) suffered?
Uh the psychological distress of a leftest Presidency. Does that count
eric76
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I'm curious exactly who filed the lawsuit?

I'd think it would be the Attorney General's office, but there's nothing about it on their web site.
BusterAg
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This appears to be a very narrow lawsuit that gets straight to the heart of the matter. (need to see petition to confirm)

1) can a state executive ignore legislation when setting election rules
2) is the power of the state legislatures to appoint electors plenary, or are the state legislatures bound by the laws they have passed on how to appoint electors.

This is just an express lane to questions that are being asked elsewhere in other suits, but are best answered by SCOTUS.

It doesn't appear that Texas is seeking any relief from SCOTUS here, just clarification.
txaggie_08
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BluHorseShu said:

EDHEC Ag said:

Quote:

Texas argues that these states violated the Electors Clause of the Constitution because they made changes to voting rules and procedures through the courts or through executive actions, but not through the state legislatures. Additionally, Texas argues that there were differences in voting rules and procedures in different counties within the states, violating the Constitution's Equal Protection Clause. Finally, Texas argues that there were "voting irregularities" in these states as a result of the above.

Texas is asking the Supreme Court to order the states to allow their legislatures to appoint their electors.

Link

So what harm does the suit say Texas (the state or on behalf of the people?) suffered?


Quote:

By these unlawful acts, the Defendant States have not only tainted the integrity of their own citizens' vote, but their actions have also debased the votes of citizens in Plaintiff State and other States that remained loyal to the Constitution

It's right there in the article.
Jmiller
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eric76 said:

Does anyone have a link to the lawsuit itself?


Where did your comment go that discussed how, on its face, this is the same argument that has been rejected several times by the courts? It disappeared.
ttu_85
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CondensedFoggyAggie said:

Well, now I know 5 states that will spend additional taxpayer money on lawyers.
Na I bet not a one on a retainer or the payroll. Hey it will keep them from wasting those some dollars on things like a VP of Diversity kind of garbage.
BMX Bandit
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vette said:

BluHorseShu said:

EDHEC Ag said:

Quote:

Texas argues that these states violated the Electors Clause of the Constitution because they made changes to voting rules and procedures through the courts or through executive actions, but not through the state legislatures. Additionally, Texas argues that there were differences in voting rules and procedures in different counties within the states, violating the Constitution's Equal Protection Clause. Finally, Texas argues that there were "voting irregularities" in these states as a result of the above.

Texas is asking the Supreme Court to order the states to allow their legislatures to appoint their electors.

Link

So what harm does the suit say Texas (the state or on behalf of the people?) suffered?


That Joe Biden would be president? Is this a real question?


We are all harmed if Joe Biden is president
MaroonStain
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AG
**** YEAH!!!!
Save pets. Vote Trump 2024.
BluHorseShu
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vette said:

BluHorseShu said:

EDHEC Ag said:

Quote:

Texas argues that these states violated the Electors Clause of the Constitution because they made changes to voting rules and procedures through the courts or through executive actions, but not through the state legislatures. Additionally, Texas argues that there were differences in voting rules and procedures in different counties within the states, violating the Constitution's Equal Protection Clause. Finally, Texas argues that there were "voting irregularities" in these states as a result of the above.

Texas is asking the Supreme Court to order the states to allow their legislatures to appoint their electors.

Link

So what harm does the suit say Texas (the state or on behalf of the people?) suffered?


That Joe Biden would be president? Is this a real question?

Well, yes it is a real question. A plaintiff needs to show harm suffered by the defendant. I'm just asking if you read or saw a quote from the suit about this required component.
Cassius
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Even if forced to pick the electors, that doesn't mean they'll do the right thing.
ttu_85
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txaggie_08 said:

BluHorseShu said:

EDHEC Ag said:

Quote:

Texas argues that these states violated the Electors Clause of the Constitution because they made changes to voting rules and procedures through the courts or through executive actions, but not through the state legislatures. Additionally, Texas argues that there were differences in voting rules and procedures in different counties within the states, violating the Constitution's Equal Protection Clause. Finally, Texas argues that there were "voting irregularities" in these states as a result of the above.

Texas is asking the Supreme Court to order the states to allow their legislatures to appoint their electors.

Link

So what harm does the suit say Texas (the state or on behalf of the people?) suffered?


Quote:

By these unlawful acts, the Defendant States have not only tainted the integrity of their own citizens' vote, but their actions have also debased the votes of citizens in Plaintiff State and other States that remained loyal to the Constitution

It's right there in the article.
You forgot to bold it. !!.

What I would love to see out of all this is ELECTION TRANSPARENCY.

No closed system blackbox voting systems. Cant believe people are not raising hell about this. Sorry but you lawyers are way behind the curve on this. Its very dangerous and a threat to this republic. The entire election process must be transparent especially the software. Else nobody will buy the results in this polarized environment.

Also new laws to severely punish those that commit election fraud.

Maybe cases like this lead to critical reforms.
BMX Bandit
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BusterAg said:


It doesn't appear that Texas is seeking any relief from SCOTUS here, just clarification.


Need to see the actual filing, but according to Brietbart:

Quote:


Texas is asking the Supreme Court to order the states to allow their legislatures to appoint their electors.
BluHorseShu
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BMX Bandit said:

vette said:

BluHorseShu said:

EDHEC Ag said:

Quote:

Texas argues that these states violated the Electors Clause of the Constitution because they made changes to voting rules and procedures through the courts or through executive actions, but not through the state legislatures. Additionally, Texas argues that there were differences in voting rules and procedures in different counties within the states, violating the Constitution's Equal Protection Clause. Finally, Texas argues that there were "voting irregularities" in these states as a result of the above.

Texas is asking the Supreme Court to order the states to allow their legislatures to appoint their electors.

Link

So what harm does the suit say Texas (the state or on behalf of the people?) suffered?


That Joe Biden would be president? Is this a real question?


We are all harmed if Joe Biden is president

I'm not questioning that, though. I'm just curious how a state describes the harm suffered in a unique situation like this one.
BluHorseShu
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ttu_85 said:

txaggie_08 said:

BluHorseShu said:

EDHEC Ag said:

Quote:

Texas argues that these states violated the Electors Clause of the Constitution because they made changes to voting rules and procedures through the courts or through executive actions, but not through the state legislatures. Additionally, Texas argues that there were differences in voting rules and procedures in different counties within the states, violating the Constitution's Equal Protection Clause. Finally, Texas argues that there were "voting irregularities" in these states as a result of the above.

Texas is asking the Supreme Court to order the states to allow their legislatures to appoint their electors.

Link

So what harm does the suit say Texas (the state or on behalf of the people?) suffered?


Quote:

By these unlawful acts, the Defendant States have not only tainted the integrity of their own citizens' vote, but their actions have also debased the votes of citizens in Plaintiff State and other States that remained loyal to the Constitution

It's right there in the article.
You forgot to bold it. !!.

Thanks. That's what I was looking for. Sorry if I missed it
BusterAg
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BMX Bandit said:

BusterAg said:


It doesn't appear that Texas is seeking any relief from SCOTUS here, just clarification.


Need to see the actual filing, but according to Brietbart:

Quote:


Texas is asking the Supreme Court to order the states to allow their legislatures to appoint their electors.



Semantics?

Either the states can or cannot do this legally.

Maybe Texas asking for SCOTUS to force governors to call special sessions? That seems a stretch.

Waiting for the petition at this point.
eric76
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AG
If Pennsylvania, Georgia, Wisconsin, and Michigan should demand a jury trial in order to determine the facts of the case, how would that work with the US Supreme Court?
ttu_85
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eric76 said:

If Pennsylvania, Georgia, Wisconsin, and Michigan should demand a jury trial in order to determine the facts of the case, how would that work with the US Supreme Court?
Oh who picks the Jury. Always wonder how jurist picked them in complex cases.
John Maplethorpe
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AG
This would be a great precedent - states go around reversing other states elections based on narrow legal technicalities in how they were operated.
ttu_85
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John Maplethorpe said:

This would be a great precedent - states go around reversing other states elections based on narrow legal technicalities in how they were operated.
Bawahahahaahaha. Please quote CNN again for us and how supercomputers stole the election
AggieRain
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John Maplethorpe said:

This would be a great precedent - states go around reversing other states elections based on narrow legal technicalities in how they were operated.


You're right. Good thing those rigging elections in other states have no larger effect on states that played it straight(er).
John Maplethorpe
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They're not even alleging "rigging" according to the article.
BusterAg
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John Maplethorpe said:

This would be a great precedent - states go around reversing other states elections based on narrow legal technicalities in how they were operated.


Really?

Do you not understand the issue, or are you just being obtuse?

Texas is not asking anyone to reverse any elections. The are asking for clarifications of the power of state and executive branches of state governments granted by the US constitution.
John Maplethorpe
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ttu_85 said:

John Maplethorpe said:

This would be a great precedent - states go around reversing other states elections based on narrow legal technicalities in how they were operated.
Bawahahahaahaha. Please quote CNN again for us and how supercomputers stole the election


Oh you mean the article(not from CNN) debunking the myth not endorsing it. You were utterly confused through the whole thread - thinking Georgia's ballots were counted electronically at touchscreens. When you finally figured out you had no idea how anything worked you name called and quit.

https://texags.com/forums/16/topics/3163659/last#last
ttu_85
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John Maplethorpe said:

ttu_85 said:

John Maplethorpe said:

This would be a great precedent - states go around reversing other states elections based on narrow legal technicalities in how they were operated.
Bawahahahaahaha. Please quote CNN again for us and how supercomputers stole the election


Oh you mean the article(not from CNN) debunking the myth not endorsing it. You were utterly confused through the whole thread - thinking Georgia's ballots were counted electronically at touchscreens. When you finally figured out you had no idea how anything worked you name called and quit.

https://texags.com/forums/16/topics/3163659/last#last
Post the source code or shut up.
John Maplethorpe
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AG
Lean how anything works before ranting about source code - the election was conducted on paper.
 
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