(This post may contain disputed claims. We make no assertions as to the validity of the information presented by our Opinion Columnist. We are an opinion blog, not a traditional news outlet, and this post should be treated as such. Enjoy.)Texas filed a Supreme Court lawsuit against Michigan, Pennsylvania, Wisconsin, and Georgia. On Tuesday evening, the highest court in the land issued a directive to those states and give them until 3 pm on Thursday to respond to the Texas suit. “This is the big one,” Trump said. But that’s not all. At least seven other states might join, which is devastating for the Democrats. Don’t miss this.
To understand just how brilliant the Texas lawsuit is, you first have to consider how the Supreme Court works. The Supreme Court deals in a very narrow part of the law. They take up constitutional issues usually after a lawsuit has worked its way through lower courts.
They also pick and chose which suits to hear. They have no obligation to hear a case just because it’s filed at the Supreme Court.
Texas had the authority to approach 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.
So, right off the bat, Texas could go directly to the Supreme Court without wasting time in lower courts. Still, the highest court in the land had no obligation to hear the case.
That’s why what happened on Tuesday evening must have shocked the Joe Biden campaign.
“U.S. Supreme Court gives the states of Georgia, Michigan, Pennsylvania, and Wisconsin until 3:00 pm Thursday to respond to the filing by Texas,” posted Disclose TV.
JUST IN – U.S. Supreme Court gives the states of Georgia, Michigan, Pennsylvania, and Wisconsin until 3:00pm Thursday to respond to the filing by Texas. pic.twitter.com/lekw61Aqaf
— Disclose.tv 🚨 (@disclosetv) December 9, 2020
The other big reason the Texas lawsuit is so brilliant is that they are not asking the court to look at fraud, or order states to “overturn” the election for Trump. However, the remedy they seek would give those states’ legislatures the right to chose their own electors.
It just so happens that these state legislatures all have GOP majorities.
“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,” Joel Pollak, a Harvard-trained attorney wrote via Breitbart.
The state of Texas is saying its citizens were disenfranchised by those four states. If more states join, it means thousands of other American voters were also disenfranchised. The Supreme Court appears to see that as quite a big deal, as does the president.
“We will be INTERVENING in the Texas (plus many other states) case. This is the big one. Our Country needs a victory!” Trump tweeted.
We will be INTERVENING in the Texas (plus many other states) case. This is the big one. Our Country needs a victory!
— Donald J. Trump (@realDonaldTrump) December 9, 2020
Trump attorney Jay Sekulow stated on Newsmax Wednesday morning that “intervening” means the president’s legal team will be joining in that lawsuit, filing what’s called “amicus briefs.”
An amicus curiae or brief is someone who is not a party to a case who assists a court by offering information, expertise, or insight that has a bearing on the issues in the case.
At least seven states might join the Texas lawsuit, arguing that the Equal Protection Clause has been violated in this election from state-to-state: Louisiana, Arkansas, Alabama, Florida, Kentucky, Mississippi, South Carolina, and South Dakota.
SEVEN states have now joined Texas lawsuit, arguing that the Equal Protection Clause has been violated in this election from state-to-state. @Louisiana, Arkansas, Alabama, Florida, Kentucky, Mississippi, South Carolina, South Dakota. #StopTheSteal • #FightForTrump
— Ali 🟧 #StopTheSteal (@ali) December 8, 2020
BOOM! Missouri, Kentucky, Louisiana, Mississippi, South Carolina, South Dakota, Texas, Alabama, Arkansas, & Florida have joined the lawsuit! #Tuesday pic.twitter.com/JKSswjemPI
— Kevin Pazmino (@KevinPaz822) December 9, 2020
When you add those seven states to the Texas lawsuit, you have a powerful case. The Supreme Court cannot just sweep this under the rug. They recognized that immediately, and that’s why they issued the directive for those four states to respond by Thursday.
Many are worried about the deadlines.
Attorney Jenna Ellis spoke to Maria Bartiromo on Tuesday morning to discuss the upcoming deadlines.
“Even Justice Ginsburg in the election contest in Bush v. Gore in 2000 recognized that the date of ultimate significance is actually January 6,” Ellis said. “And that’s the date that Congress counts the votes of the delegates.”
However, other legal scholars point out that per the Constitution, the only date mentioned is January 20, inauguration day. The other dates are not based on the Constitutional and therefore anything can happen.
Americans can help in this fight by making your voice known to your own representatives and by sharing information on social media. We all have a stake in this upcoming lawsuit, and that’s why we should also pray for our president and for the lawyers who are under stress. Pray that good triumphs over evil.
