Kobach: Texas Case Challenges Election Directly at Supreme Court

On Mon­day, just before mid­night, the State of Texas filed a law­suit that is far more impor­tant than all of the oth­ers sur­round­ing the pres­i­den­tial elec­tion of Novem­ber 3rd.

Texas brought a suit against four states that did some­thing they can­not do: they vio­lat­ed the U.S. Con­sti­tu­tion in their con­duct of the pres­i­den­tial elec­tion. And this vio­la­tion occurred regard­less of the amount of elec­tion fraud that may have result­ed. The four defen­dant states are Geor­gia, Michi­gan, Penn­syl­va­nia, and Wisconsin.

Texas filed the suit direct­ly in 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 those cat­e­gories con­cerns “Con­tro­ver­sies between two or more states.” Texas’s suit is exact­ly that. The Supreme Court has opined in the past that it may decline to accept such cas­es, at its dis­cre­tion. But it is incum­bent upon the high court to take this case, espe­cial­ly when it presents a such a cut-and-dried ques­tion of con­sti­tu­tion­al law, and when it could indi­rect­ly decide who is sworn in as Pres­i­dent on Jan­u­ary 20, 2021.

The Texas suit is clear, and it presents a com­pelling case. The four offend­ing states each vio­lat­ed the U.S. Con­sti­tu­tion in two ways.

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