Texas Attorney General Ken Paxton recently filed a lawsuit in the U.S. Supreme Court against 4 states — Michigan, Georgia, Wisconsin, and Pennsylvania, asking the court to block their Electoral College votes. The suit argues that the states introduced last-minute changes to election laws in an unconstitutional manner, and triggered voting irregularities through the relaxation of ballot integrity measures, while treating voters unequally.
President Trump tweeted in support of the suit, calling it “the big one.” In addition, Trump also stated that he will be intervening in Texas and many other states. Trump’s team can file an amicus brief (a brief filed with an appellate by one who is not a party to the litigation but who has an interest in the court’s decision) supporting the Texas lawsuit. In a Fox News program, Paxton said: “Only the legislature can fix this election.”
“These elections in other states where state law was not followed … affect my voters because these are national elections. So if there are fraudulent things or things that affect an election, and state law is not followed as required by the Constitution, it affects our state… It affects every state… We can’t go back and fix it, but we can say, OK, let’s transfer this to the legislature … and let them decide the outcome of the election. That would be a valid constitutional situation,” Paxton said in the program.
President Trump’s remarks about joining up as an intervenor comes after several states extended support for the lawsuit. In total, 17 states have announced their support — North Dakota, Oklahoma, South Carolina, South Dakota, Alabama, Arkansas, Florida, Indiana, Kansas, Tennessee, Utah, Mississippi, Montana, West Virginia, Nebraska, Louisiana, and Missouri.
At a press conference on Dec. 8, Trump raised concerns as to whether the judges or lawmakers will have the courage to do “what everybody in this country knows is right.” The four states mentioned in the Texas suit collectively have 62 Electoral College votes. The Supreme Court set a Dec. 10 deadline for the defendants to respond to Texas’ motions. The Presidential electors are due to meet on Dec. 14.
Support from Georgia for the Texas lawsuit
In Georgia, the two Republican senators due to face runoff elections next month, David Perdue and Kelly Loeffler, have declared their support for the Texas lawsuit. “The President has every right to use every legal recourse available to guarantee these simple principles: every lawful vote cast should be counted, any illegal vote submitted cannot be counted, and there must be full transparency and uniformity in the counting process. This isn’t hard and it isn’t partisan. It’s American. No one should ever have to question the integrity of our elections system and the credibility of its outcomes,” the senators said in the statement.
The state’s Republican Attorney General, Chris Carr, however, has strongly opposed the Texas suit. His office called the lawsuit “constitutionally, legally, and factually wrong.” President Trump called Carr soon after, engaging in a 15-minute call during which he asked Carr not to rally Republican officials from the state to oppose the Texas suit. Other top Georgian Republican leaders who oppose Trump’s stance on election irregularities include Secretary of State Brad Raffensperger, who has certified Biden’s win in the state, and Governor Brian Kemp, who refused to convene a special legislative session.