...It is a fundamental idea in all republican forms of government that no one can be declared elected * * *, unless he * * * receives a majority or a plurality of the legal votes cast in the election.
First the background:
Joel B. Pollak "The State of Texas filed a lawsuit directly with the U.S. Supreme Court shortly before midnight on Monday challenging the election procedures in Georgia, Michigan, Pennsylvania, and Wisconsin on the grounds that they violate the Constitution.
"Texas argues that these states violated the Electors Clause of the Constitution because they made changes to voting rules and procedures through the courts or through executive actions, but not through the state legislatures. Additionally, Texas argues that there were differences in voting rules and procedures in different counties within the states, violating the Constitution’s Equal Protection Clause. Finally, Texas argues that there were “voting irregularities” in these states as a result of the above.
"Texas is asking the Supreme Court to order the states to allow their legislatures to appoint their electors. The lawsuit says:
Certain officials in the Defendant States presented the pandemic as the justification for ignoring state laws regarding absentee and mail-in voting. The Defendant States flooded their citizenry with tens of millions of ballot applications and ballots in derogation of statutory controls as to how they are lawfully received, evaluated, and counted. Whether well intentioned or not, these unconstitutional acts had the same uniform effect—they made the 2020 election less secure in the Defendant States. Those changes are inconsistent with relevant state laws and were made by non-legislative entities, without any consent by the state legislatures. The acts of these officials thus directly violated the Constitution.
…
This case presents a question of law: Did the Defendant States violate the Electors Clause by taking non-legislative actions to change the election rules that would govern the appointment of presidential electors? These non-legislative changes to the Defendant States’ election laws facilitated the casting and counting of ballots in violation of state law, which, in turn, violated the Electors Clause of Article II, Section 1, Clause 2 of the U.S. Constitution. By these unlawful acts, the Defendant States have not only tainted the integrity of their own citizens’ vote, but their actions have also debased the votes of citizens in Plaintiff State and other States that remained loyal to the Constitution. . . .
A little known clause of the Constitution has a huge bearing on the Texas election lawsuit . . . "The clause is well suited to the present situation, in which:
As the facts alleged by the State of Texas demonstrate, the 2020 elections ... represent the antithesis of a republican form of government. An elite group of sitting Democrat officers in each of the Defendant States coordinated with the Democrat party to illegally and unconstitutionally change the rules established by the Legislatures in the Defendant States, thereby depriving the people of their states a free and fair election — the very basis of a republican form of government.
The Guarantee Clause places an obligation upon the United States to ensure that such an unlawful election not be carried to fruition. This Court is the sole forum available for the enforcement of that obligation under the circumstances faced by the nation today[.]
From the anti-Trump National Review: The odds of the Texas election lawsuit prevailing in the Supreme Court might not be less than one in a quadrillion, but they are extremely remote — and should be. . . . "Texas has no standing to challenge the election procedures in Pennsylvania, Wisconsin, Michigan, and Georgia, and the Supreme Court doesn’t have the authority to order new elections in those states or bar electors from those states from voting in the Electoral College. The case was brought by Texas because the Supreme Court is required to hear all lawsuits brought by a state against other states, but it retains the power to dismiss those suits out of hand if the case is not one that a state legally can bring. If there were any prior case that lent credibility to these outlandish claims, Texas would have cited it." . . . Even Andy McCarthy calls the suit "frivolous" "There is no way the Supreme Court is going to entertain Texas’s lawsuit."
BREAKING: Pennsylvania House of Representatives Join Texas in Their Lawsuit Against Key Swing States
The legislators joined the Amistad Project of the Thomas More Society in supporting the Texas lawsuit, which asks the Supreme Court to remand the election results to swing-state legislatures for review and potential reversal.
