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SCOTUS: Texas Files Lawsuit Against 4 States

Published: December 9, 2020
Supreme Court
Texas Attorney General Ken Paxton has filed a lawsuit with the U.S. Supreme Court against officials in four battleground states. (Image: Daderot, Public domain, via Wikimedia Commons)

Texas Attorney General Ken Paxton has filed a lawsuit with the U.S. Supreme Court against officials in four battleground states for “election irregularities in various forms,” including violating constitutional rules in the appointment of presidential electors, dismissing state and federal statutes in the name of the Covid-19 pandemic, and improper segregation and validation of mail-in ballots.

According to the press release: “Trust in the integrity of our election processes is sacrosanct and binds our citizenry and the States in this Union together. 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,” said Paxton. 

“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.”

Numerous rushed decisions took place during the elections that were not approved by state legislatures. Hence, Paxton argues that the electors sent to the electoral college from GA, MI, PA, and WI do not comply with constitutional standards. The four states, hence, are not constitutionally qualified to cast Electoral College votes, and Paxton has requested the Supreme Court to appoint new electors according to the constitution. 

AG Paxton has made it clear that the lawsuit is filed to safeguard future presidential elections and “restore public trust.” He has also asked the Supreme Court to extend the Dec. 14 deadline to certify state electors. The filing date was Dec. 8, traditionally held as the “safe harbor” date for reconciling all election-related conflicts. With the numerous lawsuits and widespread malfeasance, it is highly unlikely that 2020 has a safe harbor.


According to a statement by Michigan Attorney General Dana Nessel: “The motion filed by the Texas Attorney General is a publicity stunt, not a serious legal pleading. The erosion of confidence in our democratic system isn’t attributable to the good people of Michigan, Wisconsin, Georgia, or Pennsylvania but rather to partisan officials, like Mr. Paxton, who place loyalty to a person over loyalty to their country.”

Pennsylvania Attorney General Josh Shapiro tweeted: “These continued attacks on our fair and free election system are beyond meritless, beyond reckless — they are a scheme by the President of the United States and some in the Republican party to disregard the will of the people — and name their own victors.”

Wisconsin Attorney General Josh Kaul tweeted: “Texas is as likely to change the outcome of the Ice Bowl as it is to overturn the will of Wisconsin voters in the 2020 presidential election.”

Riling up Texas

According to the lawsuit: “Voters who cast lawful ballots cannot have their votes diminished by states that administered their 2020 presidential elections in a manner where it is impossible to distinguish a lawful ballot from an unlawful ballot.“

Paxton argues that lawful ballots lost their significance when unaccounted-for unlawful ballots were counted in along with the lawful ones. “Defendant States all materially weakened, or did away with, security measures, such as witness or signature verification procedures, required by their respective legislatures.” Such dilution of votes discounted the lawful voting in all legitimate states of the union.

The chances of Joe Biden having legitimately won the popular vote in Georgia, Pennsylvania, Michigan, and Wisconsin is less than one in a quadrillion, the lawsuit alleges. Image: Screenshot/YouTube

The lawsuit further states: “The probability of former Vice President Biden winning the popular vote in the four Defendant States — Georgia, Michigan, Pennsylvania, and Wisconsin — independently given President Trump’s early lead in those States as of 3 a.m. on November 4, 2020, is less than one in a quadrillion, or 1 in 1,000,000,000,000,000. For former Vice President Biden to win these four States collectively, the odds of that event happening decrease to less than one in a quadrillion.”

Given the great degree of doubt, unconstitutional laws decreed at the final minute exploiting the Covid-19 pandemic, AG Paxton expects the Supreme Court to step in and make decisions before electors are finalized and the election results are, as such, certified.

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