In a last-ditch effort to secure another four years for Trump despite the will of the people, Texas Attorney General Ken Paxton has filed a suit on behalf of his state against the states of Georgia, Michigan, Pennsylvania and Wisconsin—all of which went to Biden in the 2020 election.
Paxton argues that pandemic-induced changes to election procedures in the face of the pandemic—such as the expansion of mail-in voting—were a violation of federal law and allowed voter fraud to occur.
The oft-repeated claim that widespread voter fraud coordinated by Democrats tipped the election to Biden is false.
Trump's own Attorney General, William Barr, said that the Justice Department could not find evidence of fraud massive enough to change the outcome of the election. Lawyers arguing on behalf of Trump since the election have lost over 50 cases in court.
Republican and Democratic local leaders have emphatically denied claims of fraud or foul play. Trump's own 2018 commission on voter fraud disbanded because there was no evidence of large-scale fraud.
Because the suit is between states, it's filed directly with the Supreme Court.
Officials in the states targeted by the lawsuit decried the effort in no uncertain terms, with the office of Republican Secretary of State replying:
"With all due respect, the Texas Attorney General is constitutionally, legally and factually wrong about Georgia."
Michigan Secretary of State Dana Nessel was even more emphatic:
"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 ... but rather to partisan officials like Mr. Paxton."
Experts think the case is far too flimsy for even a conservative Court to consider.
GOP election law atty Ben Ginsberg, says no chance for Paxton suit:
"Absolutely not. The notion that a Texas attorney general is going to try and disenfranchise the voters from four other states for laws that were in effect on Election Day is just not meritorious in the least." pic.twitter.com/bwe3b2iSYJ
— Ken Herman (@kherman) December 8, 2020
It looks like we have a new leader in the “craziest lawsuit filed to purportedly challenge the election" category:
The State of Texas is suing Pennsylvania, Georgia, Michigan, and Wisconsin *directly* in #SCOTUS.
(Spoiler alert: The Court is *never* going to hear this one.) pic.twitter.com/2L4GmdCB6I
— Steve Vladeck (@steve_vladeck) December 8, 2020
The Texas Supreme Court filing is toilet paper. It's garbage and going nowhere.
— Scott Dworkin (@funder) December 8, 2020
🚨NEW: Texas has filed a lawsuit against Pennsylvania, Wisconsin, Georgia and Michigan in the US Supreme Court seeking to invalidate their election results.
My answers to your questions:
✅No, I am not worried.
✅No, this won't succeed.
✅I have no idea.https://t.co/mAN98udwBi
— Marc E. Elias (@marceelias) December 8, 2020
No, Texas cannot magically overturn the election by suing swing states. Texas Attorney General Ken Paxton, who is potentially facing prison, is merely doing this to try to get Trump to pardon him. As has been the case with all of these silly lawsuits, this isn't going anywhere.
— Palmer Report (@PalmerReport) December 8, 2020
This is truly ridiculous. If the 50 sister States could sue one another to overturn each other's election results, there'd be a mind-blowing cascade of at least 50! (ie 50 x 49 x 48 x ... x3 x2) intra-family Electoral College megasuits. Endless! https://t.co/vFyqScuJwA
— Laurence Tribe (@tribelaw) December 8, 2020
The prospects look especially grim with the news that the Supreme Court declined to hear a case from Congressman Mike Kelly (R-PA) who sought to revoke the certification of Biden's victory in Pennsylvania.
This isn't surprising, but it's good to see. Let's hope they dispatch that Texas mess just as succinctly, and soon. https://t.co/Dj18RXHdiI
— B W (@SoCoHermit) December 8, 2020
I think the brevity of the order signals what is to come with the Texas case. The whole order can fit in a tweet. Kind of showing where the Texas lawsuit is going. I am still laughing about that one sentence denial. 😄 https://t.co/HB13cH0t0Y
— Veronika Kovacs (@vero_kovacs) December 8, 2020
Supreme Court ruled 9-0 on Kelly of PA suit to decertify the election there. 1 down and 1 to go. Next? Texas AG's outlandish suit🙄🤣
— SandraB (@SandraBridges1) December 8, 2020
Many right-wing Twitter personalities said the Kelly case against Pennsylvania was only denied because the Supreme Court had agreed to hear the Texas case.
In reality, the Texas case was only added to the docket—a formality that creates a public record of the filing. The Supreme Court has not yet issued or denied standing to the case filed by Texas.
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