Perhaps you’ve seen that the state of Texas is all in on the election corruption fight, and is being joined by other states before the supreme court as a “dispute between the states.”
Certain officials in the Defendant States presented the pandemic as the justification for ignoring state laws regarding absentee and mail-in voting. The Defendant States flooded their citizenry with tens of millions of ballot applications and ballots in derogation of statutory controls as to how they are lawfully received, evaluated, and counted. Whether well intentioned or not, these unconstitutional acts had the same uniform effect—they made the 2020 election less secure in the Defendant States. Those changes are inconsistent with relevant state laws and were made by non-legislative entities, without any consent by the state legislatures. The acts of these officials thus directly violated the Constitution.
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This case presents a question of law: Did the Defendant States violate the Electors Clause by taking non-legislative actions to change the election rules that would govern the appointment of presidential electors? These non-legislative changes to the Defendant States’ election laws facilitated the casting and counting of ballots in violation of state law, which, in turn, violated the Electors Clause of Article II, Section 1, Clause 2 of the U.S. Constitution. By these unlawful acts, the Defendant States have not only tainted the integrity of their own citizens’ vote, but their actions have also debased the votes of citizens in Plaintiff State and other States that remained loyal to the Constitution.
Powerline analyzes this as a “hail Mary” pass.
“The Texas motion and supporting brief are well-drafted and make a plausible case–importantly, one that, if accepted, does not require extensive fact-finding into alleged voter fraud. Reduced to its essentials, the motion alleges 1) that under the Constitution’s Electors Clause, state legislatures have plenary authority over appointment of each state’s electors; 2) that in each of the defendant states, non-legislative actors (e.g., the Secretary of State) unconstitutionally changed the rules governing this year’s election without legislative approval or ratification; 3) that these changes favored some voters over others, in violation of the Equal Protection Clause; and 4) in each state, the number of ballots that were counted pursuant to unconstitutional changes in election procedures exceeds the margin of Joe Biden’s alleged victory.”
But readers at Instapundit, and apparently Glenn Reynolds, get what this is really about.
“I wonder if the left, and the court realize this is a hail mary to prevent a civil war, not to keep trump in office. 30% of democrats and 80+% of republicans think the election was stolen. That is a loss of legitimacy of the nation’s governments from the state level through the federal.”
They are children playing with nitroglycerin, so no, they won’t realize that. At least, not in time, I’m afraid.
The controllers think this is going to go down easily. I think they may be surprised, and I still don’t think they really understand what they’ve done.