While the courts have used every legal pretense in the book (and some quite outside it) to dismiss the legal challenges to the 2020 election, the new Supreme Court case brought by Texas could be the big one. In a filing on Tuesday, Texas Attorney General Ken Paxton announced that he’s suing Pennsylvania, Georgia, Wisconsin, and Michigan, demanding that their election results be thrown out as unconstitutional and unlawful. If successful, this case would take enough electoral votes from Joe Biden to make Donald Trump the rightful winner of the election.
“Trust in the integrity of our election processes is sacrosanct and binds our citizenry and the States in this Union together,” wrote Paxton. “Georgia, Michigan, Pennsylvania and Wisconsin destroyed that trust and compromised the security and integrity of the 2020 election. The states violated statutes enacted by their duly elected legislatures, thereby violating the Constitution.
“By ignoring both state and federal law, these states have not only tainted the integrity of their own citizens’ vote, but of Texas and every other state that held lawful elections,” Paxton continued. “Their failure to abide by the rule of law casts a dark shadow of doubt over the outcome of the entire election. We now ask that the Supreme Court step in to correct this egregious error.”
Make no mistake, the idea of one state suing another (or four others, in this case) because they violated their own laws…well, that’s a strange one. But Texas’s interest in the case is indisputable. For these states to change their mail-voting laws at the last minute in an effort to draw votes for Biden had an impact on the entire country. And in his brief to the court, Paxton explained that Texas’s interests are also pertinent when it comes to the makeup of the Senate.
“While Americans likely care more about who is elected President, the States have a distinct interest in who is elected Vice President and thus who can cast the tiebreaking vote in the Senate,” he wrote. “This injury is particularly acute in 2020, where a Senate majority often will hang on the Vice President’s tie-breaking vote because of the nearly equal—and, depending on the outcome of Georgia run-off elections in January, possibly equal — balance between political parties.”
If Biden isn’t president, then of course Kamala Harris – the theoretical tie-breaking vote in the Senate – would not be Veep.
Are we optimistic that the Supreme Court will overturn the election based on this lawsuit? Of course not. We’re sure that even Paxton would admit that it’s a Hail Mary pass if you caught him in a private moment. But that doesn’t change the fact that there is legitimacy behind the state’s claims. It doesn’t change the fact that these states violated their own laws using the coronavirus as a pretense.
It doesn’t change the fact that Democrats used every bit of trickery in the book to put Biden in the White House.