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18 states join TX SCOTUS lawsuit against 4 swing states alleging elections were unconstitutional

A group of 18 states filed an amicus brief (amicus curiae) or ‘friend of the court’ brief with the Supreme Court Wednesday afternoon supporting the Texas lawsuit aimed at delaying the appointment of presidential electors from Georgia, Pennsylvania, Michigan, and Wisconsin. Arizona was the latest state to join the effort. The suit asks the court to order the ‘defendant states’ legislatures to displace “tainted” election results in those states and choose their own slate of electors.

The same argument is presented in the brief and the Texas suit claiming that the states acted unconstitutionally when either their judiciaries or executive branches changed their elections laws. The Texas suit posits that only state legislatures may set laws regarding how states appoint their presidential electors.

“The integrity of our elections is of critical importance to maintaining our Republic, both today and in future elections,” Missouri Attorney General Eric Schmitt said in a statement. “The stakes of protecting our Constitution, defending our liberty, and ensuring that all votes are counted fairly couldn’t be higher. With this brief, we are joining the fight.”

President Trump’s campaign has also filed a brief asking to join the Texas suit.

“The illegal suspension or violation of state law thus calls directly into question the certification of the results of the elections in Defendant States for Vice President Joe Biden, Proposed Plaintiff in Intervention’s opponent in the election,” their brief stated. “President Trump’s interest in the outcome of this litigation could therefore not be more acute.”

In a tweet on Wednesday morning, Trump called the Texas suit “the big one.”

“We will be INTERVENING in the Texas (plus many other states) case. This is the big one. Our Country needs a victory!” he wrote.

The brief is officially a motion for leave to file a bill of complaint. It warns that the changes enacted by the state executives and judicial branches opened the states’ elections up to potential fraud.

“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 states.

The brief goes on to state: “All the unconstitutional changes to election procedures identified in the Bill of Complaint have two common features: (1) They abrogated statutory safeguards against fraud that responsible observers have long recommended for voting by mail, and (2) they did so in a way that predictably conferred partisan advantage on one candidate in the Presidential election.”

This is a coordinated effort by Texas and the affiliated 18 states to overturn the election due to voter fraud. The filing follows numerous losses to the Trump campaign, many occurring under biased jurisdictions.

Texas’ suit is unique because it seeks to take advantage of the Supreme Court’s rarely used original jurisdiction to bypass the lower courts and put the issue directly in front of the justices.

Texas specifically asks the Supreme Court to declare Michigan, Wisconsin, Pennsylvania, and Georgia’s elections “in violation of the Electors Clause and the Fourteenth Amendment of the Constitution;” declare electoral votes from those states invalid; prevent the states’ electors from meeting or being certified, and direct the states to appoint new presidential electors.

The states that have joined the brief are Arizona, Missouri, Alabama, Arkansas, Florida, Indiana, Kansas, Louisiana, Mississippi, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, and West Virginia.

They argue that they have an interest in the case because “the unconstitutional administration of elections” in some states dilutes votes in their own states.

“When non-legislative actors in other States encroach on the authority of the ‘Legislature thereof’ in that State to administer a Presidential election, they threaten the liberty, not just of their own citizens, but of every citizen of the United States who casts a lawful ballot in that election—including the citizens of amici States,” the brief says.

A statistician named in the brief claims that the likelihood of Joe Biden winning the 2020 presidential election was statistically impossible.

Trump has reportedly asked Sen. Ted Cruz (R-TX) to argue Texas’ lawsuit against the four battleground states before the U.S. Supreme Court if the case is accepted.

Pennsylvania, Michigan, Georgia, and Wisconsin – the four states being sued – have until 3 p.m. Thursday to file a response with the Supreme Court.

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