SCOTUS Dockets Texas v Pennsylvania, Michigan, Wisconsin, Georgia

In a bold move, Texas Attorney General Ken Paxton filed a lawsuit at midnight December 7^th against four other states. This is a significant move because it is the only current lawsuit that originates at the Supreme Court and does not have to travel through the lower courts and the appeal process. Under article three of the constitution it states, “In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction.”

The Supreme Court having original jurisdiction, in this case, will carry a lot of significance in issuing relief. Given that this is less of a “political” issue, the Justices may be more willing to engage. They do not have to overrule the lower state courts, nor is this filed directly on behalf of a candidate, but rather on behalf of states. Although a hearing has not yet been set, SCOTUS has officially docketed the case as of December 8, 2020.