While Joe “look, fat” Biden gimps around styling himself “president-elect” and having his fanbois try to make everyone else mouth the words (see Chris Wallace Pushes Fox Further Over the Slide, As He Rants Biden Is ‘President-Elect’ to Sec. Azar), President Trump is fighting the very questionable results in a handful of critical states with a tenacity that we’ve never seen a Republican politician apply to any activity beyond grifting. Overnight, a new player entered the fray: the State of Texas.
This is the general thrust of the suit: Texas is going directly to the Supreme Court using the Article III, Section 2, requirement that the Supreme Court has original, rather than appellate, jurisdiction in lawsuits between states.
The lawsuit has nothing to do with fraud or voting machines. It is strictly a constitutional issue. Texas claims that the changes made to state election laws by executive order or administratively in response to the abject terror and panic that has swept parts of the nation over the Wuhan virus violate the Electors Clause, Article II, Section 1, of the Constitution, which reads:
Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
Texas argues that by changing, without legislative approval, how votes were cast and counted, the state legislatures have been deprived of their power to appoint electors rendering the elections there invalid as there is no pandemic escape hatch in the Constitution.
Texas also argues that the wide variance of rules and procedures for casting and counting votes within states violates the Equal Protection Clause under Bush v. Gore.
These constitutional violations, Texas argues, not only calls into question the legitimacy of the votes in those states but, because of the haphazard and slipshod administration of a bevy of ill-thought-out, if not outright malicious, rule changes, the rights of voters in all states are affected because we are on the cusp of electing a president who will be taking office based on a fraudulent election. Texas asks the Supreme Court to direct these state legislatures to select electors without regard to the purported vote count.
How far does this get? I don’t know. It’s going to depend upon the Supreme Court’s threshold of pain. But it definitely adds more drama to what is going on right now.