Earlier this week, corrupt Texas Attorney General Ken Paxton (a Republican) announced he was filing a lawsuit in the United States Supreme Court aimed at preventing Pennsylvania, Wisconsin, Michigan, and Georgia from participating in next Monday’s 2020 meeting of the Electoral College — all because the voters in those states didn’t back Paxton’s candidate, Donald Trump.
After Paxton announced his plans, more than a dozen other Republican attorneys general decided to use public resources in their states to back his desperate gambit to use the United States Supreme Court to throw the election and block the winners (Joe Biden and Kamala Harris) from taking office.
The four defendant states have now all delivered furious, scathing rejoinders to Paxton’s lawsuit, while a large group of other states have rushed to stand at their side by filing their own amicus (“friend of the court”) brief.
The cohort of states (and entities that should be states) joining with Pennsylvania, Michigan, Georgia, and Wisconsin in opposition to Paxton’s lawsuit consists of the District of Columbia, California, Colorado, Connecticut, Delaware, Guam, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, the U.S. Virgin Islands, and Washington.
All voted for Biden except for North Carolina (which voted for Trump) and the territories of Guam and the U.S. Virgin Islands, which have no representation in the Electoral College because they are not yet states.
The pro-Biden states’ position is that the Supreme Court should not even take up the case. The pro-Biden states warn that doing so would send a terrible message and set a dangerous precedent of indefensible judicial meddling.
“The court should not abide this seditious abuse of the judicial process, and should send a clear and unmistakable signal that such abuse must never be replicated,” Pennsylvania declared in its brief.
“Texas proposes an extraordinary intrusion into Wisconsin’s and the other defendant states’ elections, a task that the Constitution leaves to each state,” Wisconsin told the Court. “Texas asserts that this court’s intervention is necessary to ensure faith in the election. But it is hard to imagine what could possibly undermine faith in democracy more than this court permitting one state to enlist the court in its attempt to overturn the election results in other states.”
“The underlying legal claims Texas belatedly seeks to litigate in this Court can be, and indeed have been, litigated — and thus far lost — in alternate forums where facts can be developed and issues fully aired, subject to this Court’s ordinary certiorari review,” the amici pointed out in their brief.
“Ken Paxton continues to do disservice to the critical work we do as state Attorneys General,” said Massachusetts AG Maura Healey and Nevada AG Aaron Ford, the Co-Chairs of the Democratic Attorneys General Association.
“This latest lawsuit filed by the Texas Attorney General, which seeks to undermine the will of voters in states that are not Texas and that will have absolutely no impact on the outcome of the election, is meritless and desperate.”
“Indeed, the Georgia Attorney General [who is a Republican] got it right, and instead of continuing to sow doubt and distrust in the 2020 election, state AGs — regardless of party — should continue to speak out in support of the will of the people and protecting our democracy.”
The Democratic AGs noted that Paxton:
- … is indicted on securities fraud and currently awaits trial.
- … is under investigation by the Federal Bureau of Investigation (FBI).
- … fired seven senior staffers who whisleblew on his potentially illegal behavior earlier this year.
- … threatened cities in Texas who did not lift COVID-19 restrictions meant to protect people.
- … supported the complete restriction of reproductive health care during the beginning of COVID-19 pandemic.
- … is leading the Republican AG effort to repeal the entire Patient Protection Act which would take health care away from 20+ million people, and eliminate protections for 135+ million with pre-existing conditions.
- … served as the Chair of the Republican AG Association and currently serves as Co-Chair of Lawyers for Trump.
Attorney General Bob Ferguson also denounced Paxton’s unacceptable behavior in a statement announcing Washington’s participation in the amicus brief.
“I will continue working to defend our elections from these legal attacks on our democracy,” Ferguson said in a statement. “This lawsuit has no legal or factual basis. It will not succeed in overturning the will of the voters.”
Here’s a quick guide to the disunited states:
|Suing to Throw Election|
Henchstates (through their AGs)
Not participating on either side
|Defending Their Voters|
The greater Pacific Northwest states are split into all three camps.
Washington and Oregon oppose the suit. Montana supports it. Alaska and Idaho have not taken a position or joined either group of amicus states.
Idaho’s Republican Attorney General Lawrence Wasden said earlier this week he will not participate in Paxton’s effort to throw the election.
“As Attorney General, I have significant concerns about supporting a legal argument that could result in other states litigating against legal decisions made by Idaho’s legislature and governor,” Wasden wrote. “Idaho is a sovereign state and should be free to govern itself without interference from any other state. Likewise, Idaho should respect the sovereignty of its sister states.”
Following the issuance of those comments, Idaho’s Republican Governor Brad Little wasted no time in seeking to curry favor with the Trump family and other Trump enablers by putting out his own statement backing the suit.
“Governor Brad Little announced today he proudly stands with the Idaho Republican Party in supporting Texas in its efforts to ensure American’s elections meet the highest standards and expectations of the U.S. Constitution, and he will file an amicus brief in support of the lawsuit,” his Communications Director Emily Callihan said in a statement sent to NPI a few hours ago.
The statement quoted Little as saying:
“Idaho’s elections are safe and secure, and we expect the same of other states. Protecting the sanctity of the voting process is paramount to ensuring a strong democratic process, and our citizens need the confidence that their vote counts.”
What lovely platitudes.
What’s funny is that could easily be a statement in opposition to Texas’ lawsuit, which is wholly and entirely without any merit whatsoever.
Also backing Paxton’s sinister action are more than a hundred Republican members of Congress, including Cathy McMorris Rodgers and Dan Newhouse, whose loyalty is clearly to Donald Trump and not the United States Constitution.
The United States Supreme Court must not dignify this attack on our democracy with any further proceedings. Texas’ attempt to throw the election should be dismissed with the curt order that it deserves.