The Texas Attorney General has filed a lawsuit in the United States Supreme Court against the separately sovereign states of Georgia, Michigan, Pennsylvania, and Wisconsin. This (meritless) lawsuit seeks to challenge the election procedures in Georgia and the three other states and is asking the Supreme Court to take the extraordinary anti-democratic, partisan step of not counting the 62 electoral votes in those four states.

Yes, the Constitution and the Judiciary Act of 1789 grant and recognize that Article III, Section 2 provides for original jurisdiction in the Supreme Court in certain (very limited) circumstances where a state is a party, but those circumstances involve disputes between states–think boundary disputes and fights by neighboring states over water rights. Those disputes most certainly do not include one state’s overt attempt to meddle in the sovereign affairs of another state (much less four of them), and use the Supreme Court as a shill to overturn election results. No serious student of constitutional law thinks the Texas AG’s suit is worth the paper it is typed on. There is no doubt this publicity stunt masquerading as a lawsuit will be swiftly dismissed.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]