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Supreme Court Update: States, Lawmakers Pick Sides In Texas General Election Lawsuit


AUSTIN, Texas / WASHINGTON DC (CBSDFW.COM) – States Attorneys General and a whole host of lawmakers are lining up on each side of the lawsuit filed by Texas Attorney General Ken Paxton against the states of Wisconsin, Michigan, Pennsylvania and Georgia known as the ‘defendant states.’ That lawsuit was filed directly with the United States Supreme Court on Monday, Dec. 7.

The suit asks the court to order the ‘defendant states’ legislatures to displace “tainted” election results in those states and choose their own slate of electors.

Several others have either backed or filed a motion to intervene in the case including the President Trump.

The State of Missouri filed an amicus brief (amicus curiae) or ‘friend of the court’ brief (read brief here) with the high court earlier Wednesday on behalf of Missouri and 16 other states. The states of Alabama, Arkansas, Florida, Indiana, Kansas, Louisiana, Mississippi, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Utah and West Virginia have all signed on to the brief with Missouri that backs the Texas suit.

According to the American Bar Association, “‘Friend of the court’ or amicus curiae briefs are often filed in appellate cases heard by the U.S. Supreme Court and state supreme courts, as well as intermediate courts of appeal. And there is considerable evidence that amicus briefs have influence.”

The Missouri brief alleges, “Our constitutional system of representative government only works when the worth of honest ballots is not diluted by invalid ballots procured by corruption. When the election process is corrupted, democracy is jeopardized. The proposed Bill of Complaint raises serious concerns about both the constitutionality and ballot security of election procedures in the Defendant States.”

Arizona filed a separate brief (read file here) in support of the Texas case later.

Twenty-two states and territories then filed an amicus brief (read brief here) with the high court on Thursday, Dec. 10. The District of Columbia together with the States and territories of California, Colorado, Connecticut, Delaware, Guam, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, U.S. Virgin Islands, and Washington signed on backing the defendant states.

The brief from the 22 states alleges, “The people have chosen. But Texas, supported by 17 other states, asks this Court to overturn that choice. Those states urge this Court ‘to exercise its extraordinary power under the Constitution to control the conduct of one State at the suit of another,’ by nullifying millions of lawful votes and voiding the result of a free and fair election.”

Later U.S. Representative Mike Johnson filed an amicus brief on behalf of him and 105 other representatives (read brief here) of the United States House of Representatives.

That brief alleges, “The legislature of every Defendant state had established detailed rules by which that state’s appointment of presidential electors should have been conducted. However, in the months before the 2020 election, those rules were deliberately changed by both state and non-state actors. The clear authority of those state legislatures to determine the rules for appointing electors was usurped at various times by governors, secretaries of state, election officials, state courts, federal courts, and private parties.”

The Attorney General of Texas, Ken Paxton also confirmed that six states —  Missouri, Arkansas, Louisiana, Mississippi, South Carolina and Utah — had formally joined Texas in its Supreme Court suit against Georgia, Michigan, Pennsylvania, and Wisconsin. Read: Motion To Intervene

“The joining states agree with Texas: the defendant states exploited the COVID-19 pandemic to justify unlawfully enacting last-minute changes and ignoring both federal and state election laws, thus skewing…



Read More: Supreme Court Update: States, Lawmakers Pick Sides In Texas General Election Lawsuit

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