• David Rooslet III

The significance of the Texas Supreme Court lawsuit and how it affects the outcome of the election

Updated: Dec 25, 2020



In a bold move, Texas Attorney General Ken Paxton has accused officials in battleground states of exploiting the coronavirus pandemic to illegally enact last minute changes to mail voting rules. He has filed the most significant outcome determinative lawsuit at the US Supreme Court against the states of Pennsylvania, Wisconsin, Michigan and Georgia, focusing on three main counts:

  1. The elections clause being violated which states that state legislatures have to make changes to election rules and this was not done correctly according to election laws.

  2. 14th Amendment violation of the Equal Protection Clause

  3. a violation of due process of the equal protection of the citizens of Texas

The lawsuit closes saying that the prayer for relief is that these states not be allowed to send the current electors and for the legislatures to send new electors according to article 2 section 1. What Texas is saying is that the state legislatures need to invoke their ability to cast new electors because the elections that took place in their states were tainted. The citizens of Texas are telling the citizens of these other states that the way they went about choosing your electors violated the constitution of the United States, by not allowing your legislatures to have their laws followed in the implementation of the election.

The lawsuit explains that, "lawful elections are at the heart of our constitutional democracy. The public, and indeed the candidates themselves, have a compelling interest in ensuring that this election of a president, any president is legitimate. If that trust is lost, the American experiment will flounder. A dark cloud hangs over the 2020 election. Our country stands at an important crossroads. Either the constitution matters and must be followed, even when some officials consider it inconvenient or out of date or it simply a piece of parchment on display at the national archives, we ask the court to choose the former."

In Pennsylvania, the secretary of state made an affirmative representation to the United States Supreme Court, suggesting that ballots would be segregated that were challenged, She failed to comply.

In Wayne County Michigan, there are 173,000 votes that are not tied to registered voters. The Secretary of the State of Michigan, Jocelyn Benson, blatantly violated Michigan law by flooding the state with absentee ballots, which is directly contrary to Michigan statutory law.

There are a couple of possible scenarios that could play out:

  1. The Supreme Court rules for Texas, the 62 electoral votes assigned to the 4 states named in the lawsuit could be discarded all together. This would put the election totals at Biden 244 Trump 232. With neither candidate acquiring the needed 270 electoral votes the constitution requires to win, the election would be decided by the house of representatives. In this scenario, each state gets 1 vote and it is decided by the controller of each state delegation. The republicans control state delegations 27-22 with 1 state still undecided.

  2. The Supreme Court could send the elector selection back to the hands of the state legislature of each state. In this scenario, the republicans control the state legislatures in each of the four states, and the constitution grants them the ability to select electors they choose to seat to cast their votes on December 14th. The republicans could choose to send electors that will vote for Donald Trump. The result of the election would be Biden 244 Trump 294, giving Trump the victory.

This is the most important case we have seen in recent history. In order for the people to be vindicated against the massive voter fraud that took place in these states, 5 Supreme Court Justices would have to rule in favor of Texas. It is expected that other states will join in the efforts to ensure that their states voters are not disenfranchised by unconstitutional votes and fraud in other states.

Congress is now preparing for the election being placed in their hands if the Supreme Court disqualifies the electors in the states. This would give each state 1 vote and that vote would be based on the state delegation that controls that state. Either way, this has been the end game of the lawsuits that have been filed in order to expose the massive voter fraud in each of the states. The Supreme Court will once again decide a major case in the "Safe Harbor" period before the electors cast their votes on December 14th.

John Adams said, "That form of government which is best contrived to secure an impartial and exact execution of the law is the best of republics." This says, follow the law in your state. Lets hope they are held to that standard.


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