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Texas Supreme Court Election Case Explained

Supreme Court

The Supreme Court rejected a Pennsylvania congressman’s request to reverse his state’s presidential election certification. The court has yet to act on two other election related cases challenging the decision by the secretary of state to extend the deadline by three days for returning mail-in ballots.

And the Texas case, is still very much alive but Texas must first receive permission from the high court to sue other states.  Texas Attorney General Ken Paxton is seeking to toss the Nov. 3 popular vote results in Georgia, Michigan, Pennsylvania and Wisconsin.  The aim of the lawsuit targets constitutional violations rather than election fraud.

The Equal Protection Clause is from the text of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides “nor shall any State … deny to any person within its jurisdiction the equal protection of the laws”  Precedent in this area was established with the Bush v. Gore 2000 case in Florida which the Supreme Court ruled equal protection laws were violated.

Senator Ted Cruz, who has a winning record arguing cases in front of the US Supreme Court, says he will argue the case should the high court take it up.  Already the states have been asked to reply to the case by tomorrow.

Hans Von Spakovsky, former member of the Federal Election Commission and manager of the Heritage Foundation’s Election Law Reform Initiative told the South Florida Morning show that if the US Supreme Court does allow the suit, it ultimately asks that the vote be thrown out in the states involved and a new election or revote be held.  Spakovsky says it’s a big ask, but the brief is extremely well written. Hans gave Bill some great info on all of this. You can hear the entire interview here.

Hans Texas case

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