Texas Sues The States Of Georgia, Michigan, Pennsylvania And Wisconsin In Attempt To Avoid Civil War

BY Herschel Smith
1 year, 12 months ago

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.

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.


  1. On December 9, 2020 at 5:19 am, Nosmo said:

    I am convinced the Left believes they have accomplished what they set out to do, which is “win the election by getting more votes.”

    There’s an old proverb: “Don’t get high on your own supply.” The Left lives inside a bubble of its own creation; it’s comfortable there, with lots of loving friends, and oh so rarely does any of the nastiness from The Real World penetrate.

    I strongly suspect that should an attempt be made to use an illegitimately elected government, be it federal or state, to rule over the more than half of America that voted otherwise and legally there will be more penetration from The Real World than the Left can enjoy.

  2. On December 9, 2020 at 8:20 am, ragman said:

    I’ll be interested to see if the mother/daughter team of fraudsters will be left in place in Atlanta to steal the senate races. Even if the Pubbies win in GA, I have absolutely no faith in a McConnell led senate to block any of the Harris administration’s cabinet picks or to thwart any of her policies. Amnesty and gun confiscation are certainly two of her most immediate wishes.

  3. On December 9, 2020 at 8:37 am, Wes said:

    It’ll take awhile (in today’s atmosphere of instant gratification). One example to flesh out might be WI. There is a faithless elector statute that prohibits the legislature from determining electors by other than the popular vote. The state had attempted much dumbassery with absentee ballot distribution but was shot down by the State Supreme Court. The issue in WI is likely to be the unilateral (can it be unilateral if it happens in multiple places simultaneously?) action of a few county elections board officials to then tell their people anyway the banana-republic conditions under which they could accept & count a ballots.

    Hmm. I wonder if a county within a defendant state can join for Texas?

    This is the legal action that someone like Roberts has dreaded all their quisling lives. I would bet that, in contrast, someone like Justice Alito or Barrett is saying, “Gimme the ball Coach!”

  4. On December 9, 2020 at 8:40 am, Fred said:

    Yay! We’re saved. The government is going to sue the government into freedom…any minute now.

  5. On December 9, 2020 at 9:42 am, Len Savage said:

    Foster v. Love, 522 U.S. 67, 71-72 (1997)


    Under 3 U.S.C. Subsection 2. kicks the decision back to the State Legislatures after a failed election renders the previous results void. Failed elections nullify all votes, not just some votes, not just late votes, not just illegal votes. The election itself is void in late States.

    Which States are late? The answer will be a question of first impression for the Supreme Court. But the only fair answer is obvious. If, at midnight, one candidate had enough of a lead, so that there was no mathematical possibility whatsoever of their being caught – after a review of the votes already counted, and the votes remaining – then the final selection has been made on time. But if the outcome was uncertain at Midnight, the State violated the deadline, and its election is void.

    Federal Election Day statutes were designed to curtail fraud, and to infuse a prima facie sense of integrity in our electoral process. But these States – in failing to obey Congressional deadlines – have flagrantly attempted to preempt federal law. This is certainly prohibited, and this is why the late election results are void.

    The SCOTUS decided this less than 20 years ago (2002) 9-0

  6. On December 9, 2020 at 10:21 am, Ned2 said:

    Mail in voting should be illegal, as should absentee ballots. If voting means that much to you, you can show up in person.
    Counting any votes electronically is dumb and unnecessary. Anything electronic can be easily hacked.
    Less than 5000 people could hand count actual paper ballots for the entire nation in less than a day.

  7. On December 9, 2020 at 11:09 am, Cavguy said:

    I will sit up and take notice when patriots in these affected rotten states deal with these treasonous actors. Until then I am here in the American Redoubt, waiting and yawning.

    Tic tock bitches!!


  8. On December 9, 2020 at 11:14 am, Dirk said:

    Civil war, Or Revolution ?

  9. On December 9, 2020 at 12:31 pm, Bubba Lee said:

    The lawyers, following the israeli tactical plan, bugs, daffy, elmer, are causing 90% of the problems. Since lawyers have no honor, no spine, no moral compass, no right/wrong switch, no loyalty, and no cause and effect genes, they will continue to light fuses, step away, wait for an opening, light another fuse, and bill all sides at $100 an hour, and up, accomplish nothing good for we the people, and lastly- completely ignore any oath to the Constitution they may have mumbled at some point.

  10. On December 9, 2020 at 2:15 pm, 41mag said:


    Thanks for making clear what you feel is an appropriate reaction to the current events we find ourselves in.

  11. On December 9, 2020 at 2:39 pm, J J said:

    @Dirk – 2nd American Revolution

  12. On December 9, 2020 at 8:17 pm, Hudson H Luce said:

    Seventeen States Join Texas In Lawsuit Against Pennsylvania, Georgia, Michigan, And Wisconsin – The states are Florida, Alabama, Mississippi, Louisiana, South Carolina, Tennessee, Indiana, West Virginia, Arkansas, Missouri, Oklahoma, Kansas, Nebraska, South Dakota, North Dakota, Utah, and Montana.

    “In the context of a Presidential election,” state actions “implicate a uniquely important national interest,” because “the impact of the votes cast in each State is affected by the votes cast for the various candidates in other States.” Anderson v. Celebrezze, 460 U.S. 780, 794–95 (1983). “For the President and the Vice President of the United States are the only elected officials who represent all the voters in the Nation.” Id.
    Amici curiae are the States of Missouri, Alabama, Arkansas, Florida, Indiana, Kansas, Louisiana, Mississippi, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, and West Virginia.1 Amici have several important interests in this case.
    First, the States have a strong interest in safeguarding the separation of powers among state actors in the regulation of Presidential elections. The Electors Clause of Article II, § 1 carefully separates power among state actors, and it assigns a specific function to the “Legislature thereof” in each State. U.S. CONST. art. II, § 1, cl. 4. Our system of federalism relies on separation of powers to preserve liberty at every level of government, and the separation of powers in the Electors Clause is no exception. The States have a strong interest in preserving the proper roles of state legislatures in the administration of federal elections, and thus safeguarding the individual liberty of their citizens.
    Second, amici States have a strong interest in ensuring that the votes of their own citizens are not diluted by the unconstitutional administration of elections in other States. When non-legislative actors in other States encroach on the authority of the “Legislature thereof” in that State to administer a Presidential election, they threaten the liberty, not just of their own citizens, but of every citizen of the United States who casts a lawful ballot in that election—including the citizens of amici States.
    Third, for similar reasons, amici States have a strong interest in safeguarding against fraud in voting by mail during Presidential elections. “Every voter” in a federal election, “has a right under the Constitution to have his vote fairly counted, without its being distorted by fraudulently cast votes.” Anderson v. United States, 417 U.S. 211, 227 (1974). Plaintiff’s Bill of Complaint alleges that non- legislative actors in the Defendant States stripped away important safeguards against fraud in voting by mail that had been enacted by the Legislature in each State. Amici States share a vital interest in protecting the integrity of the truly national election for President and Vice President of the United States.” https://www.supremecourt.gov/DocketPDF/22/22O155/163215/20201209144840609_2020-12-09%20-%20Texas%20v.%20Pennsylvania%20-%20Amicus%20Brief%20of%20Missouri%20et%20al.%20-%20Final%20with%20Tables.pdf

    Original pleadings here – https://www.scribd.com/document/487348461/TX-v-State-Mpi-2020-12-07-Final

  13. On December 10, 2020 at 12:11 am, Phil Ossiferz Stone said:

    If the Deep States succeeds in dragging this out into a win — for them — there will be no violence. There will be blather on the Internet. There will be no Million Rifle March to Washington DC. There will be no bands of angry rifle-wielding citizens blocking the interstate freeway system. Only our enemies have the energy and spare time and surplus of reckless feckless anger to do these things.

    Now. Prove me wrong.

  14. On December 10, 2020 at 1:15 am, Jimmy the Saint said:

    @Bubba Lee: “bill all sides at $100 an hour”

    Uh, even insurance counsel bill out at $125-150/hour. Hell, plenty of paralegals get billed out at over $100/hour.

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This article is filed under the category(s) Politics,War & Warfare and was published December 8th, 2020 by Herschel Smith.

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