Enemy of the People, Prznint Stupid twatted this:
And what is this Texas Case, you ask? We turn to our pals at Electoral-Vote to ‘splain to us:
In a move that can only be described as way beyond Hail Mary, Texas AG Ken Paxton has filed a lawsuit directly with the Supreme Court asking it to invalidate the election results in Georgia, Michigan, Pennsylvania, and Wisconsin, just coincidentally four states that Joe Biden won and which the respective secretaries of state have already certified.
Paul Smith, a professor at Georgetown University’s Law School and an election-law expert said: “There is no possible way that the state of Texas has standing to complain about how other states counted the votes and how they are about to cast their electoral votes.” In other words, Texas is going to have to make a case about how Texas is damaged by how other states voted. The relief that Texas is asking for is to throw out all the 20 million votes in the four states. Texas is also asking the Supreme Court to push back the date on which the electors vote (Dec. 14), even though that date is set by federal law and only Congress can change it. Paxton’s hope is simply that the justices ignore the law and the Constitution and just do what the party of the president who appointed them wants.
My brain hurts. Texas truly is the National Lab for Bad Policy. Do continue.
Needless to say, the justices are not eager to catch this hot potato (see above). The Supreme Court has repeatedly made it clear that it does not want original jurisdiction on cases other than those involving a foreign country or those arising from disputes between the states. By framing the case as “Texas doesn’t like the way Pennsylvania runs its elections” Paxton is trying to make it a dispute between the states. That’s not what the folks who wrote the Constitution meant by “disputes between the states.” A more typical case is California suing Arizona for diverting all the water in the Colorado River for local use so that none of it reaches California. In this case, California is definitely damaged by Arizona claiming “all the water is ours.”
If the Court accepts this case, we expect Pennsylvania will sue Texas on the grounds that it doesn’t like Texas’ gun laws. Once states are granted the right to sue other states because they don’t like the other states’ laws, there will be no end to the suits. The Court is likely to refuse to touch the case and possibly note in the rejection that if there are election disputes, it is up to Congress to settle them. The buck stops over there somewhere.
This should be a fun one to watch today. The House wages 5,000 Quatloos that the Electoral-Vote guys got this on the nose.