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On December 10, NBC News quoted the owner of the SCOTUSblog, Tom Goldstein, as saying that the Texas lawsuit is “desperate and Texas has no right to sue in election proceedings in other states.” President Donald Trump has described it as a “great demand.”
The lawsuit filed by Texas Attorney General Ken Paxton on December 7 asks the United States Supreme Court to delay ballot voting in four states of Georgia, Michigan, Pennsylvania, and Wisconsin, thus allowing the continuation of the marking “issues of the voting process “.
President Donald Trump. Photo: Reuters
Several “barrier” problems are mentioned.
First, according to expert Edward Foley of Ohio State University, the lawsuit is unconstitutional. Mr. Foley noted that Article II, Section 4 of the United States Constitution provides that Congress may choose the date on which voters meet to vote, at the same time throughout the United States. This year it was December 14.
Second, the state of Texas does not have the right to testify to officials elsewhere who do not comply with the rules established by its legislature. Presidential elections in the United States are held in states, so one state does not have a legal status to challenge the others.
Goldstein, who is also an attorney in Washington, said the judges would think the Texas case should go first in the lower court rather than the US Supreme Court. Although the United States Supreme Court is a place for one state to sue another, it must first prove that there is no place to hear the case. It is worth mentioning that the Texas lawsuit includes a number of legal complaints that have been filed in lower courts.
Third, the lawsuit seems to be hastily preparing. For example, the lawsuit states that the four accused states have a total of 72 electoral votes but in reality there are only 62 electoral votes.
Fourth, Mr. Paxton is in his own legal trouble. In 2015, Mr. Paxton was charged with securities fraud and is still pending. This year, he has been accused of several other misconduct by his main collaborators.
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