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The US state of Texas has filed an appeal with the US Supreme Court asking for the result of the November 3 elections to be overturned in four states won by Joe Biden: Pennsylvania, Michigan, Wisconsin and Georgia. It is the latest attempt by outgoing President Donald Trump’s allies to reverse the presidential result, which saw him emerge defeated. Texas’ appeal received support from 17 Republican-ruled states and 106 Republican lawmakers, but despite Trump calling it the “big one” according to legal experts, it has no hope of being accepted and has been widely called an attempt. ” unprecedented “to override the will of millions of voters without reason.
We will intervene in the case of Texas (and many other states). This is the big one. Our country needs a victory!
– Donald J. Trump (@realDonaldTrump) December 9, 2020
The lawsuit was filed by Texas Attorney General Ken Paxton, a controversial politician currently under investigation for various crimes, and essentially accuses the four cited states of enforcing electoral rules, particularly those that allowed the counting of votes that arrived by mail. after Election Day, which compromised the regularity of the elections, the result of which, therefore, should not be considered valid. Texas contends that these decisions, which are also the prerogatives of the states in question, have influenced the national outcome and therefore have consequences for all other states as well.
This principle has been criticized by many experts in legal matters, considering it an interference in the affairs of other states (which, in addition, curiously comes from Texas, the historically most independent state of all). Edward B. Foley, a law professor at Ohio State University, explained to New York Times that electoral regulations are the responsibility of the states, and that it is as if Texas appeals against the way Pennsylvania elects its senators.
But there is also a problem of jurisdiction: normally a court case must go through the local courts, then the state supreme courts and only at the end of this process, in some cases, does it reach the federal Supreme Court. There are some issues, such as public water rights or border disputes, where a state can appeal directly to the Federal Supreme Court, but electoral regulations do not appear to be among them. There is also a Supreme Court ruling from last year that seems to confirm this. Furthermore, the case was probably presented too late: next Monday the voters will meet in the different states to confirm the electoral result, which will be officially certified by Congress on January 6.
In the Texas appeal there are also very weak legal arguments, if not false: for example, an estimate is cited, which had already been cited by the White House spokesman, according to which Biden’s chances of winning in all four states in question were minors. to one in a billion trillion, an absurd claim and refuted by any known statistical analysis.
There are many things that make demand unstable, if not absurd. In the letter backing it, for example, states have said that accepting votes after Election Day undermines confidence in democracy. But Kansas and Mississippi, who signed it, have the same rule (only Trump won there). The lawsuit then says electoral rules should not be decided by the executive branch but by state parliaments: but even in Texas they have been changed by the governor.
Second Brad Heath, Washington correspondent for Reuters, it is possible that several of the 17 states that have supported the case would not have done so if they had any suspicions that it could be successful. Because specifically, what Texas is trying to do is cancel the vote of tens of millions of people and change the results of elections in four other states – an intrusion on state sovereignty unheard of in American history.
In theory, the Supreme Court could decide to temporarily prevent large voters in the states in question from confirming Biden’s vote, explains the New York TimesBut by far the most likely outcome is that you refuse to consider the cause entirely.
Five weeks after the presidential election, and a month after Biden’s unofficial proclamation, Trump has yet to acknowledge defeat in the presidential election and continues to make allegations of fraud and wrongdoing that he has never been able to prove in any way. The dozens of cases and appeals presented so far in the courts of different states have been dismissed or dismissed. Despite his initial stubbornness, the transition between his administration and that of Biden has begun, albeit with delays and various obstacles that could compromise the succession’s effectiveness.
This week the deadline for the so-called “safe harbor” has passed, that is, the day on which states must certify their results if they want to prevent Congress from theoretically having the right to challenge them. Most states did it on time, further reducing the already ridiculous chances that the outcome could change. With the vote of the big voters on Monday, these possibilities – at this point practically infinitesimal – will be reduced even more.
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