Texas state Attorney General Ken Paxton, a Republican, has filed a lawsuit with the U.S. Supreme Court seeking to delay the electoral college vote, which is slated for this coming Monday. Paxton targets Georgia, Michigan, Pennsylvania, and Wisconsin in his lawsuit, alleging that expansions of mail-in voting in these states — all of which President-elect Joe Biden won — violated the Constitution. The lawsuit mirrors claims from other Trump allies, who have alleged that changes to voting procedures that didn’t go through state legislatures are invalid. Voters who cast their ballots according to these updated procedures followed directions from authorities — but Trump allies have sought the anti-democratic invalidation of huge numbers of ballots anyway.
🚨NEW: Texas has filed a lawsuit against Pennsylvania, Wisconsin, Georgia and Michigan in the US Supreme Court seeking to invalidate their election results.
My answers to your questions:
✅No, I am not worried.
✅No, this won't succeed.
✅I have no idea.https://t.co/mAN98udwBi
— Marc E. Elias (@marceelias) December 8, 2020
Under current circumstances, Paxton wants to block members of the electoral college from Georgia, Michigan, Pennsylvania, and Wisconsin from participating in the electoral college voting process, and he also seeks an extension of the deadline for that process. Paxton — who’s reportedly been under FBI investigation over allegations that he used his position for the benefit of a political donor — complained as follows, referring to the targeted states:
‘Their failure to abide by the rule of law casts a dark shadow of doubt over the outcome of the entire election. We now ask that the Supreme Court step in to correct this egregious error.’
The U.S. Supreme Court has jurisdiction over disputes between states, but although Trump has nominated three of the justices who are currently on the bench, there’s no concrete indication that the court will rule in the GOP’s favor. Trump-nominated judges elsewhere in the federal judiciary have ruled decisively against Trump and the GOP throughout this year’s electoral process.
In a public statement after Paxton’s lawsuit emerged, Michigan Attorney General Dana Nessel, a Democrat, derided the effort as a “publicity stunt, not a serious legal pleading.” She said as follows:
‘The motion filed by the Texas Attorney General is a publicity stunt, not a serious legal pleading. The erosion of confidence in our democratic system isn’t attributable to the good people of Michigan, Wisconsin, Georgia or Pennsylvania but rather to partisan officials, like Mr. Paxton, who place loyalty to a person over loyalty to their country.’
Nessel added that the “Michigan issues raised in this complaint have already been thoroughly litigated and roundly rejected in both state and federal courts — by judges appointed from both political parties.” Read her statement in full below:
.@MIAttyGen @dananessel issued the following statement in response to the lawsuit filed by Texas Attorney General Ken Paxton seeking to overturn election results in Michigan and other states: pic.twitter.com/62Y4SLpiis
— Michigan Attorney General Dana Nessel (@MIAttyGen) December 8, 2020
No matter Paxton’s allegiance to the cause of Republican partisanship, the Trump-allied legal fight against the election results simply has not earned any election outcome-altering victories anywhere in the country.
Similarly, no legitimate evidence has emerged in support of the president’s claims that fraudsters “rigged” the election against him. His top ally, Rudy Giuliani, has claimed that a centrally planned Democratic fraud conspiracy unfolded during the recent election, but there’s simply no meaningful evidence for this brazenly ridiculous claim. The fraud that Trump and Giuliani have alleged would likely have required the cooperation of thousands of people across the country — so where’s the incontrovertible evidence? Or would Trump suggest that the judges who’ve rejected his claims are in on the imaginary fraud too?