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Texas case challenges election directly to Supreme CourtNews

On Monday, just before midnight, the state of Texas filed a complaint far larger than any other surrounding the November 3 presidential election.

Texas has brought a lawsuit against four states that did something they cannot do: They violated the US Constitution in their conduct of the presidential election. And this violation occurred regardless of the amount of voter fraud that may have arisen from it. The four respondent states are Georgia, Michigan, Pennsylvania and Wisconsin.

Texas filed the lawsuit directly with the Supreme Court. Article III of the Constitution lists a small number of categories of cases in which the Supreme Court has “original jurisdiction”. One of these categories concerns “controversies between two or more states”. The Texas suit is exactly that. The Supreme Court has ruled in the past that it can refuse to accept such cases at its discretion. But the onus is on the high court to deal with this matter, especially when it presents such a strong constitutional law issue, and when it could indirectly decide who to swear in the presidency on January 20, 2021.

The Texas trial is clear and presents a compelling case. The four incriminated states each violated the US Constitution in two ways.

First, they violated the election clause of Article II of the Constitution when state executive or judicial officials changed the rules of the election without going through state legislatures. The election clause requires each state to “appoint” its presidential voters “in any manner that its legislature may direct.”

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