In yet another embarrassing effort to overturn the will of the people and scar democracy, the Texas Attorney General has commenced an action before the United States Supreme Court under the doctrine of original jurisdiction. The litigation seeks to: (i) delay the Electoral College vote to name the next President of the United States; and (ii) prevent four key battleground states that Trump lost from casting their Electoral College votes for President-elect Joe Biden. The action contends the 2020 election “suffered from significant and unconstitutional irregularities in those four states,” making it impossible to know who “legitimately won the 2020 election.”
The action was commenced after the Trump campaign lost close to 50 litigations before lower courts and election authorities in the states at issue. And in each and every one of those decisions from judges, many of whom are Republican, they found no evidence of fraud, impropriety, wrongdoing, illegality or any other election irregularity that would cast doubt on the results. The new litigation, in a word, is frivolous.
Yesterday, four of the states in issue, Georgia, Michigan, Pennsylvania and Wisconsin, submitted briefs opposing the litigation. The opposition papers were scathing. For example, the Pennsylvania Attorney General replied that the litigation is a “seditious abuse of the judicial process,” imploring the court to “send a clear and unmistakable signal that such abuse must never be replicated.”
President Donald Trump, in his delusional world that he won the election, joined the litigation, stating that “nearly half of the country believes the election was stolen.” Six more states followed suit. That is, Arkansas, Louisiana, Mississippi, Missouri, South Carolina and Utah each requested approval to join, explaining that they “share” Trump’s concerns.
The action will be dismissed and, if the Supreme Court is as enraged as the overwhelming majority of the populous, it will assess costs and fees against Texas, Trump and the states that commenced or support the action.
The reasons are obvious.
First, the Supreme Court does not have original jurisdiction. Yes, it does have so in actions between states, but the claims sought must be brought in lower courts, as they have been since the election was called for President Elect Biden. Further, if the Supreme Court were to exercise “original jurisdiction” in this matter, its docket would be swarmed every time one state is unhappy with the results of another. Finally – and most importantly — the State of Texas simply has no standing to commence the litigation. It is simply not an aggrieved or injured party. And finally, there is simply no proof of voter fraud.
Why was the action commenced? Was it because the Secretary of State, who is currently under indictment, seeks a pardon from the President? What is more remarkable is that states and even congressmen joined in. But why? Could it be that Trump, who is creating this false narrative is intimidating those indivudlas and states? There is simply no other reason. Certainly, in the 50 actions commenced there has been no proof of systematic voter fraud. Simply, Trump has a death grip on the Republican Party. It is time for the United States Supreme Court to reject the frivolous lawsuit brought by the Chief Fool and his followers.