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. But first, Texas must receive permission from the high court to sue the other states. 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.
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.
Read the Texas brief here.
You can hear the entire interview here.