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Trump supporters gather in front of the US Supreme Court in Washington DC on November 8 – Photo: REUTERS
The equilibrium system of restraint in American politics works quite effectively and maintains independence among the executive, legislative, and judicial branches.
Whether the judges are pro-Republican or pro-Democrat often influence their decisions. But according to observers, in controversial and serious cases like the results of the US elections, all judgments and interpretations must be based on the law.
The decision of the Federal Supreme Court is also final and irreversible, so the consequences will be great if there is an error.
To understand the Texas demand, it is important to know the following topics:
Who is suing whom?
On December 8, just hours before the deadline to end all disputes related to the election results and the appointment of voters, Texas Attorney General Ken Paxton filed a 154-page lawsuit with the Court. Supreme of the United States. The measure immediately received a response from 18 other states with a Republican attorney general.
Four battlefield states that contributed 62 electoral votes to Joe Biden – Georgia, Wisconsin, Michigan and Pennsylvania – would become defendants if the United States Supreme Court accepted Texas’ lawsuit. The Texas lawsuit accuses all four state governments of taking advantage of the COVID-19 pandemic to amend election law without going through the state legislature.
President Donald Trump also later announced the filing and asked the United States Supreme Court to allow him to join the case as a party with a related interest.
Has a similar lawsuit ever occurred?
Not yet. This is an unprecedented case in American history when one state sued another state due to the results of the presidential election. The presentation of President Trump as an individual is also unprecedented.
The Texas lawsuit was seen as a “short cut” to take the matter directly to the Supreme Court rather than going in the correct order from the state level. -12 here, the electoral college will meet and vote for the president.
What scenario would Republicans want to see?
Of course, a victory for Mr. Trump. But for that to happen, the US Supreme Court must first accept the complaint. If all goes well, Biden’s results in Georgia, Wisconsin, Michigan and Pennsylvania will be canceled.
At least 2 cases will occur here. In the event that the court allows state legislatures to designate electors, and Republicans control the parliament of the four previous states, victory will easily belong to Trump.
According to CNN, there is still the possibility of electoral appointments in states that have “fragmentation” due to divisions within the state legislature. That could lead to both Trump and Biden not having enough 270/538 electoral votes to be elected.
If that was the case, it would go to the Federal House of Representatives, where each US state had only 1 vote. Republicans with the advantage of controlling more states would win over Trump.
Senator Ted Cruz is said to have accepted Trump’s invitation to debate before the Supreme Court – Photo: REUTERS
What is the Supreme Court doing? When will you know the results?
As of December 11, the Federal Supreme Court has not officially accepted the case. Under the standard process, after receiving a petition from Texas, the Supreme Court asked the 4 accused states to provide explanations. According to CNN, after receiving full explanations from the defendant, the court will decide whether to accept the matter or not. For the case to continue, only 5 of the 9 judges agree.
Currently, all four states have submitted their explanations to the Supreme Court. The judges will meet online and review the matter on December 11 (US time) OR wait for a response from Texas.
What is the probability of winning?
Most American legal experts believe that the Supreme Court will reject Texas’ claim, making the chance of winning the election close to zero. However, this is an unprecedented case so far, so it is impossible to speculate on the basis of case reference reference.
President Trump is believed to have asked Senator Ted Cruz to contest the case if the Supreme Court agrees to accept it. Mr. Cruz has represented Texas nine times prior to Supreme Court debates before becoming a federal senator.