Supreme Court Dismisses Texas Lawsuit Which Attempts to Invalidate Votes in Four States
Texas State Attorney General Ken Paxton filed a lawsuit December 7
directly with the Supreme Court calling on the court to invalidate the
elections in Georgia, Michigan, Pennsylvania and Wisconsin, which would
put Biden below the 270 Electoral College votes needed to win. The
lawsuit asked the court to vacate the votes cast and instead let the
legislatures of each state decide the slate of electors for the
Electoral College. On December 11, the Court dismissed the case.
the more than 50 other lawsuits filed, and lost, by Trump and allies
claiming fraud, this one attempted to make it a constitutional issue
which, as such, was a matter which pertains to the Supreme Court. Given
that the case involved a dispute between states, it bypassed lower
courts and went directly to the Supreme Court.
lawsuit argued: "The constitutional issue is not whether voters
committed fraud but whether state officials violated the law by
systematically loosening the measures for ballot integrity so that
fraud becomes undetectable." It said it was not necessary to prove that
fraud occurred, "it is only necessary to demonstrate that the elections
in the defendant States materially deviated from the 'manner' of
choosing electors established by their respective state Legislatures."
is notable that changes made in the four states, such as expanding use
of mail-in ballots, were also made in Texas and most states across the
country. Furthermore, the challenge was only for the presidential
election, not Congressional and state elections, even though each voter
gets one ballot for all the elections. It is a self-serving irrational
argument meant to draw everyone into an irrational debate. Thinking
about a rational solution favouring the people is blocked while various
divisions -- between states, between states and the federal government,
and among the electorate -- are fomented.
other lawsuits involved claims of fraud in specific states, the Texas
lawsuit directly served to pit groups of states against each other. It
was joined by State Attorneys General from 17 other states, about half
In addition, 126 of the 196 Republicans in the House of Representatives
also filed a brief in support.
The four states
targeted -- Georgia, Michigan, Pennsylvania and Wisconsin -- all
challenged the lawsuit. State Attorneys General from 20 other states
and Washington, DC filed a brief in support of the four states. These
included North Carolina, Virginia, California and New York. Lead Connecticut
Attorney General Tong said: "This is nothing less than an attempted
legal coup that risks the destruction of the union. This suit will
undoubtedly fail because it is a fact-free disgrace to the judicial
system. But before it fails, it will cause immense and lasting harm to
the legal profession and the community of attorneys general..."
Pennsylvania wrote, "The court should not abide this seditious
abuse of the judicial process, and should send a clear and unmistakable
signal that such abuse must never be replicated." Georgia's Republican
Governor and Attorney General, who have faced threats and harassment
from Trump and his forces, said Georgia had done "what the Constitution
empowered it to do."
Texas Republican Senator John
Cornyn rejected the lawsuit, saying he did not understand why Texas is
seeking to dictate how other states run their elections.
Republican Attorney General of Ohio refused to support the lawsuit as
did Republican Governors of Utah and Wyoming. The Governor of Wyoming,
where Trump won 70 per cent of the votes cast, said he and his attorney
general, "Believe that the case could have unintended consequences
relating to a constitutional principle that the state of Wyoming holds
dear, that states are sovereign, free to govern themselves."
this manner the role of the states, their election laws, legislatures,
Electoral College electors, and federal government is being raised,
with elected officials on both sides claiming support from the
Constitution. As well, state Attorneys General are sworn to uphold the
Constitution and state laws yet here they are vying against each other,
often in an irrational manner that puts into question the very laws
they are sworn to uphold. Their own system of justice is in disarray
and threatening "destruction of the Union."
December 11, the Supreme Court did not allow the case to be filed,
saying that Texas did not have standing to dispute election law in
other states. Justice Alito, joined by Justice Thomas, raised
a technical issue, saying the lawsuit could be filed, but not that the
Court should agree to hear the case. Alito added, "I would not grant
other relief, and I express no view on any other issue."
in support of the Texas lawsuit, said: "This is the big one. Our
Country needs a victory!" and "We will soon be learning about the word
'courage', and saving our Country." After the ruling he condemned the
Supreme Court saying, "No Wisdom, No Courage."
to this, on December 8, the Supreme Court issued another ruling in
which it refused to provide injunctive relief for one of Trump's
Pennsylvania lawsuits. That lawsuit, also asking for the state
legislature to decide the slate of electors, had been dismissed by the
Pennsylvania Supreme Court. It is rare for the U.S. Supreme Court to
intervene in a state court ruling on state law.
persistence in striving for federal intervention into state-based
elections is indicative of the restructuring of elections he and allies
are striving for. The lawsuits, even when lost, are a means to promote
the need for greater federal control over elections, including the
casting, counting and certifying of votes.
and allies are continuing their efforts to secure the power of the
presidency. This includes issuing threats of violence against state
officials, Republicans and Democrats alike. Trump is also in a position
to foment violence using armed militias to attack the people and try to
justify declaring a national emergency prior to the January 20
Inauguration Day for Biden. Already, one of these militias, the "Proud
Boys," has torn down and burned Black Lives Matter banners at
African-American churches in Washington, DC. Militia members are
roaming the streets there and attacking people, with little
interference from police. The many who have been fighting for justice
and equality and defending the right to vote continue to stand ready to
act if Trump acts to more broadly foment violence or refuse to leave
the White House.
Demonstrations in many
cities are already planned for December 31 and January 20.
of Revolution is a publication of the U.S. Marxist-Leninist
1. States whose
Attorneys General supported the Texas lawsuit include: Alabama,
Arkansas, Florida, Indiana, Kansas, Louisiana, Mississippi, Missouri,
Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South
Dakota, Tennessee, Utah and West Virginia.
2. States whose Attorneys General
opposed the Texas lawsuit include: California, Connecticut, Colorado,
Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota,
Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode
Island, Vermont, Virginia and Washington, DC.
This article was published in
Volume 50 Number 49 - December 19, 2020
Supreme Court Dismisses Texas Lawsuit Which Attempts to Invalidate Votes in Four States - Voice of Revolution