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Texas Sues Everybody Over Election Loss

The case is here. I’m posting this so that I can rub it in my Conservative friends faces when this falls flat on its silly face. 🙂

Just Kidding… Sort of.

Here’s the case Texas is making:Texas argued that electors from Georgia, Michigan, Pennsylvania and Wisconsin should not be allowed to cast their votes in part because those states unconstitutionally changed their voting procedures during the coronavirus pandemic to allow for increased mail-in ballots. Biden won all four states.And here’s the problem… ALL the lower courts, AND the Supreme Court have allowed those changes to continue in other cases. State legislatures have broad authority to conduct elections as they see fit. Some changes to procedures were not carried out by the legislators themselves, but by various officials either the legislators themselves appointed, or by the officials within the executive branch. One might argue those exec branch decisions were illegal. BUT here’s the problem with that line of argument… Election rules have been made in this fashion in various states for more than a century. Since all the states have pretty much the same machinery in place to run elections, that would also include Texas. AND it’s pretty easy to point out that although Congress has the sole duty to declare war, they have abrogated that responsibility and willfully allowed the Executive Branch to do so. Plus, most of the examples of fraud have already been laughed out of court.All that said… This is disgusting. But not surprising for Trump supporters.

PS: Does Texas even have standing here? Most cases brought between states involve policy that directly affects the state suing, economic policy or environmental. I can’t remember a case that was brought because one state didn’t like the procedure another state followed that didn’t have direct impact on the state suing.

PPS: Here’s Jonathan Alder of the Volokh Conspiracy I came across after writing this post. Being a real lawyer as opposed to myself who only plays one of the internetz, he lays out all the problems with this action, and concludes the Supremes, even with the Trump picks, are unlikely to even take the case.