December 12th, 2020
17 Republican states file brief supporting Texas suit to delay presidential elector appointment
On Wednesday, 17 states filed a brief with the Supreme Court in support of the Texas lawsuit, whose objective is to delay the appointment of presidential electors from Georgia, Pennsylvania, Michigan and Wisconsin.Subsequently, Alaska and Arizona filed amicus briefs as well bringing the current total to 19 states supporting Texas' suit, or a total of 20 states officially contesting the results of the November 3rd Election.
Thursday, 106 Republican US Representatives led by Congressman Mike Johnson (R-LA) filed a amici curiae brief in support of Texas' case. Johnson Tweeted "Proud to lead over 100 of my colleagues in filing an amicus brief to express our concern with the integrity of the 2020 election & our election system in the future. We believe this suit filed by Texas, supported by 17 other states"
The brief put forth the same argument as the Texas suit that states acted unconstitutionally when changing their elections laws.Further, the brief says that only state legislatures may come up with laws governing how states can appoint their presidential electors."The idea of supplanting the vote of the people with partisan legislators is so completely out of our national character that it's simply mad," says GOP Senator Mitt Romney of Utah. "Of course the president has the right to challenge results in court, to have recounts. But this effort to subvert the vote of the people is dangerous and destructive of the cause of democracy."Republican Senator John Cornyn is also skeptical of the suit: "States handle their own election laws and voting, and you can make claims of constitutionality in that state in lawsuits. But I've never seen something like this, so I don't know what the Supreme Court is going to do." Conservatives and libertarians have typically held that states should handle their own matters, so the nature of this lawsuit is unprecedented.
Also, the brief notes that changes made by the state executives and judicial branches opened the elections up to potential fraud.
The Trump campaign also filed a similar brief on Wednesday.
“The Bill of Complaint alleges that non-legislative actors in each Defendant State unconstitutionally abolished or diluted statutory safeguards against fraud enacted by their state Legislatures, in violation of the Presidential Electors Clause," the brief says.This will be incredibly difficult to prove, especially considering the complete lack of evidence. I would not be surprised if the Supreme court throws out this suit soon. I've noticed that all the recent lawsuits that have been submitted regarding the election have made broad claims, not specific ones-- and where specific cases have been brought up, they've gone unsubstantiated by evidence, especially under threat of purgery. It is interesting that Republicans have chosen to wait until now to care about how the Legislature handles their appointments and elections, especially considering their own past concerted efforts to redistrict in a way that is harmful to minorities and impoverished peoples. Some people, like Karl Rove, actively encouraged the activity as a way to win elections, which absolutely violates the Presidential Electors Clause and US Constitutional Amendment 14.This is much more than hypocrisy, this is shamelessly cherry-picking when the law of the land matters and when it doesn't, based on the current GOP agenda. Only when it suits their interest do the votes of the working class matter to them. And this is assuming they even have a leg to stand on with this lawsuit, which is an incredibly charitable assumption.
The Texas suit is an attempt to overturn the latest presidential election results.Prior to this, President Trump's legal teams and his allies have made many unsuccessful attempts to prove widespread voter fraud in the presidential election.
The states that joined the brief are Oklahoma, South Carolina, South Dakota, Mississippi, Montana, Alabama, Arkansas, Kansas, Louisiana, Nebraska, North Dakota, Florida, Indiana, Tennessee, Utah, West Virginia and Missouri.According to the AP Alaska joined the suit on Thursday. According to Governor Dunleavy “The people of America need to know that their vote counts,” Dunleavy said. “And if there is any suspicion of fraud, which there is, that really needs to be looked into.”Arizona AG Brnovich filed a separate Amici Curiae on Dec 9 which was not included in many reports. “It’s important that everyone has faith in the system and the results of the election, the rule of law is about consistency and certainty. I believe Arizona wasn’t named in this lawsuit because our office successfully prevented many of the same troubling and last-minute changes to our state’s election integrity laws."-Brnovich saidThese are primarily the states that Trump won in the presidential election.