It’s Not Over: SCOTUS Dockets Texas Lawsuit

Texas Lawsuit Argues Constitutional Violations


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The lawsuit filed by Texas argues that the defendants (states in question) unconstitutionally changed election laws in 2020 using the Covid pandemic as cover. Election laws are constitutionally changed by the state legislature, not through the courts. The law in question is the Electors Clause of Article II, Section 2, Clause 1 of the US Constitution. In the document filed with SCOTUS, it addresses the changes allowing mail-in ballots and how they were received, evaluated, and counted. In regards to those changes, the suit states, “Those changes are inconsistent with relevant state laws and were made by non-legislative entities, without any consent by the state legislatures. The acts of these officials thus directly violated the Constitution.”

Texas also argues that as a result of these unconstitutional changes there were voting irregularities in the defendant states. In addition, the lawsuit addresses the violation of the Equal Protection Clause, given that the new laws were not enacted the same in all districts in each state. It is significant to note that at least seven other states have joined Texas in this lawsuit since it has been filed. These states include Lousiana, Arkansas, Alabama, Florida, Kentucky, Mississippi, South Carolina, and South Dakota,

https://twitter.com/ali/status/1336442519677251587?s=20

This is the cleanest case by far for the Justices to be involved in. This case originates in the Supreme Court as a “controversy between two or more states” and addresses constitutional violations committed by other states in the union. Given that the alleged actions in these states affected the outcome of a federal election and directly impacts the plaintiffs (states filing lawsuit), it makes sense that this case be the one that is heard by SCOTUS.

Also, the only true date regarding elections and the final results that is governed by the Constitution is January 20th, when the new president must be sworn in. Only time will tell if the Supreme Court will rule in favor of the Constitution.

https://twitter.com/Barnes_Law/status/1336413467960508417?s=20
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