This is THE ONE: The Case We’ve Been Waiting For
On today’s Jay Sekulow Live, we discussed the breaking news that state of Texas is suing four battleground states directly at the U.S. Supreme Court. This is a case of original jurisdiction at the high Court and could be outcome determinative on the election.
Filed by the state of Texas and its attorney general, this lawsuit is focusing on three main constitutional claims. Texas is saying that Pennsylvania, Georgia, Michigan, and Wisconsin in how they administered their elections violated the Elector’s Clause because it’s the state legislatures that have to make rules on how elections should be conducted and to implement changes if necessary. There’s an Equal Protection claim, as well as a Due Process claim.
The prayer for relief in the lawsuit is that the states cannot seat the electors and basically that the legislatures should, in each of these states, appoint new electors. So this has been filed at the U.S. Supreme Court overnight or morning by the state of Texas against Pennsylvania, Georgia, Michigan, and Wisconsin. What is key is this case could be outcome determinative. If the U.S. Supreme Court were to agree with Texas, it could ultimately be outcome determinative if the state legislatures had to pick new electors.
My dad, Jay Sekulow, discussed the significance of this case:
“What is at stake here, and this is why I think out of all the cases this is the most significant – to be clear, there’s no doubt about it – this is the most significant of the cases that has been filed. It’s the most significant because it is completely outcome determinative. What does that mean? It means that if the Court were to rule in favor of Texas, those four states, the states named in the complaint, would in in fact have their state legislatures determine the outcome. They would pick the electors.
This is a lawsuit, of course, against Georgia, Michigan, Pennsylvania, and Wisconsin. It is original jurisdiction which means it doesn’t start at the district court level. It starts at the Supreme Court of the United States where it was lodged yesterday evening very, very late; actually by the time it was lodged, probably this morning. It’s a very significant piece of litigation, in my mind, this is the one.”
This comes on the day that electors are being seated and then next week on December 14th, they will vote. So this all has to happen very quickly. This is extremely significant because the state of Texas has the jurisdiction to go right to U.S. Supreme Court, as it is a case or original jurisdiction between two or more states under the Constitution.
This is the most important lawsuit filed thus far during the legal phase of the presidential election. We’ll continue to keep you updated as it develops. At the ACLJ, we have been fighting to defend the integrity of the election and the Constitution, and if the Supreme Court takes up this case, we will look to file our own amicus brief along with our members.
The full broadcast is complete with much more analysis of this newly filed Texas lawsuit and how it may determine the outcome of the presidential election. The Court could issue a briefing schedule or reject the case at any moment.