Again, as the case stresses, Biden supposedly won Wisconsin by just over 20,000 votes. Those ballots alone exceed the reported vote margin in the state between Trump and Biden, and since Republican poll watchers in the county were (illegally) kept out of the room where counting occurred, they cannot be legitimately accounted for. by Joseph DeMaio, ©2020 (Dec. 13, 2020) — OK, faithful P&E readers, you and a slew of other Americans may be asking themselves: what is going on in the wake of the Supreme Court’s declination to accept jurisdiction over the Texas v. Pennsylvania original action seeking leave to file a “Bill of Complaint” in the […] However, in an order issued on December 11, 2020, the Court rejected the filing, stating that Texas had no standing in the case. Motion for leave to intervene by State of Missouri and 5 other States filed. § 1251(a) and this Court’s Rule 17, the State of Texas respectfully seeks leave to file the accompanying Bill of Complaint against the The case concludes that all of these violations must have been committed with the express purpose of giving an advantage to the Biden presidential campaign: not only are Boockvar and most of the other participants in the "friendly lawsuits" Democrats, but Philadelphia and Pittsburgh, in which poll watchers were blocked from observing the counting of votes, are the major Democratic strongholds in the state, and 70% of requests for mail-in ballots were from registered Democrats. As the matter involves one sovereign state suing another (or four, in this case), the Supreme Court has not only original jurisdiction, but exclusive jurisdiction (i.e. Response to the motion for leave to file a bill of complaint and to the motion for a preliminary injunction and temporary restraining order or, alternatively, for stay and administrative stay requested, due Thursday, December 10, by 3 pm. Texas v. Pennsylvania would have been 100% nonsensical; and I imagine any lawyer would think it is a mockery of the legal profession (though actual Atlas lawyers feel free to correct me). On Motion for Leave to File Bill of … Brief amicus curiae of Constitutional Attorneys submitted. "Voters who cast lawful ballots," the suit stated, "cannot have their votes diminished by states that administered their 2020 presidential elections in a manner where it is impossible to distinguish a lawful ballot from an unlawful ballot." As early as the end of March 2020, the state election committee, as well as the county clerks for Dane (Madison) and Milwaukee Counties began advising residents to declare themselves IC on account of the pandemic. At least as blatant was Benson's decision to allow absentee ballots to be requested online, without a signature or any other verification of identity: which was not only another violation of existing law in itself, but also, since absentee ballots in Michigan (as in Pennsylvania and Georgia) are predominantly Democratic, could only have had the result of pushing the final vote tallies in favor of Biden. Stat. Statement of Justice Alito, with whom Justice Thomas joins: In my view, we do not have discretion to deny the filing of a bill of complaint in a case that falls within our original jurisdiction. This action was arguably the most audacious of the violations: not only is there no mention in the state constitution of the Secretary of State mailing voters a ballot without request, but that official is specifically excluded from the distribution of absentee ballots, a task delegated to the local clerk instead. There’s already been a lot written about the Court’s brief statement in Texas v. Pennsylvania, but I thought I’d offer my sense of the holdings. Justices Alito and Thomas made separate statements, stating that in their opinion the Court could not reject the filing based on original jurisdiction, but would have not granted relief anyhow.[1]. In new filings tonight, lawyers ask #SCOTUS to dismiss trio of cases challenging Trump-era regulations prohibiting clinics that receive federal family planning funds from providing abortion referrals. In this particular instance, it can also provide a specific estimate of such votes: all absentee ballots have registration numbers to track them back to individual voters; however, 174,384 of the ballots counted in Wayne County (31% of the total) did not have such numbers, strongly suggesting that they were counted multiple times. Texas v. Pennsylvania Amicus Brief of 106 Representatives. No. The ruling also required that notice of the rejection be provided by telephone, if possible. Motion for leave to file a bill of complaint denied on Dec. 11, 2020. The case may be over, the war is not. All other pending motions dismissed as moot. Representatives Mark Green, Tim Burchett, Chuck Fleischmann, David Kustoff, John Rose, with U.S. Rep. Mike Johnson (R-LA-04) taking the lead. It's a busy session to close out the term, with 13 hours of argument -- including 3 cases on Tuesday, April 20. The lawsuit Raffensperger and Georgia Democrats used to violate this, since known as "The Settlement," ended in a ruling that a ballot with a defective signature could only be rejected if two out of three registrars agreed it was defective (and all three must then write their names on the ballot and explain their reasoning). Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections. #SCOTUS releases April argument calendar. Regardless of intent, though, a variety of established laws on state elections were demonstrably violated, and, constitutionally speaking, the results of the election cannot be certified by the Electoral College or by Congress. Moreover, election officials were encouraged to provide registrars with guidance and training materials affiliated with the Georgia Democratic Party. submitted. As far as the breaking of electoral laws in Georgia is concerned, the suit especially singles out Governor Brian Kemp and Secretary of State Brad Raffensperger (both Republicans), for having unilaterally, and without legislative approval, abandoned the established method of signature verification for absentee ballots. This is not a small matter. Trump’s Massive GA Lawsuit Includes 66,000 Underage Votes, … Pennsylvania case, which seeks to have 2.5 million unconstitutionally cast ballots tossed out, plaintiffs in Texas v. Pennsylvania, et al. Issue: Whether the Supreme Court should temporarily prevent Georgia, Michigan, Pennsylvania and Wisconsin from certifying their 2020 election results because changes to those states' election procedures in light of the COVID-19 pandemic violated the Constitution. Opposition to motion for leave to file bill of complaint and motion for preliminary injunction, temporary restraining order, or stay from defendant Pennsylvania filed. In the first part of this series, I discussed the fact that 18 other states have now joined with Texas in arguing that the election results in Pennsylvania, Georgia, Michigan and Wisconsin cannot be allowed to stand. Any ballot mailed or delivered via drop-box (per Wisc. Texas v. Pennsylvania; Metadata. The constitution does not require any election by popular vote. Motion for leave to file amicus brief by Lieutenant Governor Janice McGeachin, Senator Lora Reinbold, Representative David Eastment, et al. "The Settlement" thus made it nearly impossible to challenge ballots with a defective signature. Pennsylvania all the more strange. Josh Blackman | 12.12.2020 2:50 … Megathread The Supreme Court on Friday rejected a lawsuit by Texas that had asked the court to throw out the presidential election results in four battleground states captured by President-elect Joseph R. Biden Jr. This violated another state law, that all ballots were due by 8:00 p.m. on Election Day. But opting out of some of these cookies may affect your browsing experience. 22o155 in the supreme court of the united states state of texas, plaintiff, v. commonwealth of pennsylvania, state of georgia, state of michigan, and state of wisconsin, defendants. Texas v. Pennsylvania Amicus Brief (2020 Presidential Election) December 11, 2020 / in All News Articles, State Elections / by krisinger. The urgent need for court expansion - SCOTUSblog. This website may use cookies to improve your experience. After Wisconsin Republicans filed suit in protest, the state Supreme Court ruled unanimously in their favor and ordered a halt to the practice of declaring all voters IC; however, while Democratic election officials complied and ceased adding new names to the IC list, they did not remove from the lists those who had been added to it before the Court's ruling--another violation of state election laws, as voters have to tell the county or municipal clerk once they cease to qualify for IC, and the clerk must then remove them from the list. At least two other laws were broken during the vote-counting process on Election Day: one, that poll watchers and inspectors must have access to the counting and registering of votes, and two, that strict signature-verification requirements must be followed where absentee ballots are concerned. The suit also references testimony from Ethan Pease, a driver for the USPS who stated under oath that Postal Service employees were backdating ballots, at the direction of their supervisors, and that on Wednesday, November 4, his supervisor told him that 100,000 ballots were missing. Texas v. Pennsylvania is within the scope of WikiProject Donald Trump , a project dedicated to creating and improving content related to Donald Trump . Motion for leave to file amicus brief by Members of the Pennsylvania General Assembly filed. The following parties have filed to either officially intervene as parties of interest, or to file amici briefs, are listed below: The 42-page bill of complaint within the filing contained the bulk of the arguments made by the State of Texas and the supporting amici. Since 2018, the Michigan constitution has contained a statute (M.C.L. Motion for leave to file amicus brief by Carter Phillips, et al. The Supreme Court declined to hear the challenge brought by the State of Texas against four states which had refused to abide by Article II, § 1, cl. § 6.85(3)), which specifies that such locations must be fully functional sites, staffed by the municipal clerk, the board of election commissioners, or their employees. There aren’t words harsh enough to describe how disgusting, anti-American, and undemocratic the Texas v. Pennsylvania complaint is. v. COMMONWEALTH OF PENNSYLVANIA, STATE OF GEORGIA, STATE OF MICHIGAN, AND STATE OF WISCONSIN, Defendants. It’s Friday, so we thought we’d rustle up a healthy debate on the topic. See Arizona v. California, 589 U. S. ___ (Feb. 24, 2020) (Thomas, J., dissenting). Motion for leave to file amicus brief by Steve Bullock, in his official capacity as Governor of Montana, filed. These cookies will be stored in your browser only with your consent. Motion for leave to file amicus brief by Justice and Freedom Fund submitted. Enter the full sentence you want to support with case law. Credible legal experts agree that the last-ditch effort will fail, presumably ending the increasingly wild series of election lawsuits filed by and on behalf of the Trump campaign to overturn the results of the 2020 election. The manner in which the ballots were canvassed deviated from that laid out by state law. Motion for leave to file amicus brief by Members of the Democratic Caucus of the Senate of Pennsylvania filed. At this point, the suit turns to the so-called "Ryan Report" issued by the Pennsylvania House of Representatives in November 2020, which found that 118,426 mail-in ballots had postmark dates which could not be credited based on their dates of receipt by election officials. The State of Texas’s motion for leave to file a bill of complaint is denied for lack of standing under Article III of the Constitution. Necessary cookies are absolutely essential for the website to function properly. Reply in support of motion for leave to file bill of complaint from plaintiff Texas filed. Motion for leave to file amicus brief by certain select Pennsylvania State Senators submitted. Here’s the Court’s order issued December 11, 2020: The State of Texas’s motion for leave to file a bill of complaint is denied for lack of standing under Article III of the Constitution. Pennsylvania President Trump doesn't like standing doctrine, and thinks that Justice Alito and Thomas ruled for him. A total of 106 House Republicans on Thursday filed an amicus brief with the U.S. Supreme Court in support of the plaintiffs in Texas v. Pennsylvania, et al, including Tennessee’s U.S. Affidavits have been provided by multiple witnesses to the effect that they witnessed this being done. Stat. (December 10, 2020) (corrected motion electronically filed), Motion of U.S. Representative Mike Johnson and 105 Other Members for leave to file amicus brief not accepted for filing. @AHoweBlogger in Thompson v Clark granted yesterday, did the Court grant both questions presented in the Cert petition? Sometimes reality is stranger than fiction Texas Goes Big. Texas v. Pennsylvania is a lawsuit filed by the state of Texas, which aims to set aside the 2020 presidential elections in Pennsylvania, Michigan, Georgia, and Wisconsin. Motion for leave to file amicus brief by Citizens United, et al. The Supreme Court has original and exclusive jurisdiction over disputes between two or more states. Since absentee ballots favored Biden by a nearly two-to-one margin, it continued, there is no reason to doubt that "The Settlement" was arrived at for the express purpose of favoring him in the election; indeed, simply normalizing the rejection rate would be far more than enough to flip the state to Trump. Boockvar would later claim that only about 10,000 ballots were received after this deadline, but since the state did not segregate ballots, this statement is impossible to verify. All other pending motions dismissed as moot. ballot stuffing, secret algorithms in the voting machine software), the Texas case centered on the Electors Clause of the United States Constitution, specifically that the Legislatures of each State have the sole province of determining how Presidential Electors are chosen (and, by extension, the election laws of the state). Reply in support of motion for preliminary injunction and temporary restraining order or, alternatively, for stay and administrative stay from plaintiff Texas filed. This file contains additional information such as Exif metadata which may have been added by the digital camera, scanner, or software program used to create or digitize it. Texas is leading the charge against battleground states in the election in a case that the Supreme Court has chosen to hear. Sign up to receive a daily email The suit noted further that the City of Milwaukee's Election Commission also ignored state laws that absentee voters must complete and have notarized an address verification form, witnessed by an adult who must provide his or her address as well. The decision of state executives to drastically expand absentee and mail-in voting created "a massive opportunity for fraud"; The defendant states had made it impossible to separate the legal mail-in ballots from the illegal ones (in the case of Pennsylvania, in direct defiance of an order from the Court to do so); Each state had significantly weakened its security measures against fraud, despite knowing such a large influx of absentee and mail-in ballots heightened the risk of fraud occurring; and, The counting of unlawful ballots in each state occurred on a scale greater, perhaps far greater, than the difference in total votes between Donald Trump and. As a result, nearly 216,000 voters were labeled as IC and did not have to show ID or even have their signatures verified when obtaining and casting absentee ballots. Before being canvassed, mail-in ballots have to remain sealed in locked containers. https://twitter.com/AHoweBlogger/status/1370524157721595905. On Friday evening, the Supreme Court shot down an attempt by Texas to overturn the outcome of the 2020 election. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. The big corporate news networks are trying to convince us that there is absolutely no way that the Supreme Court will rule in favor of President Trump and his allies in … Motion for leave to intervene by Ron Heuer, et al. We also use third-party cookies that help us analyze and understand how you use this website. Motion for leave to file a bill of complaint filed. Motion for leave to file a bill of complaint denied on Dec. 11, 2020. If you would like to participate, visit the project page , where you can join the discussion and see a list of open tasks. The Electors Clause Provides No Basis To Second-Guess State Courts Justices throw out Texas lawsuit that sought to block election outcome. Ngày 11 tháng 12 năm 2020, Tối cao Pháp viện đã bác bỏ đơn kiện. Brief amicus curiae of Bryan Cutler, Speaker of the Pennsylvania House of Representatives, and Kerry Benninghoff, Majority Leader of the Pennsylvania House of Representatives, filed. The complaint is by far the most outlandish legal document authored by an official governmental entity I’ve ever read, and indeed one of the very craziest things I’ve ever seen members of any bar sign onto in their professional … All other pending motions are dismissed as moot. Brief amicus curiae of City of Detroit filed. This category only includes cookies that ensures basic functionalities and security features of the website. The State of Texas, in Texas v. Pennsylvania, sought to upend this system in advance of one end: get the Supreme Court to do something, anything, to prevent President-Elect Joe Biden from taking office. And yet another law (Wisc. Texas v. Pennsylvania Amicus Brief of 106 Representatives The suit then examined the facts of the case in each of the four states in turn. States tell justices to deny Texas request to overturn 2020 election, Trump asks to enter Texas election lawsuit, Texas tries Hail Mary to block election outcome (updated). Texas argued that the actions taken by members of the Executive and Judicial branches (by "amending" electoral laws, either by "settlements" of "friendly lawsuits" filed by partisan organizations, or unilateral changes under the guise of a "public health emergency" from the COVID-19 pandemic), not ratified by the Legislatures of those states, violate the Electors Clause. 58,221 of those ballots were returned before the listed date on which they were mailed, and 51,200 were returned on their mailed date, while most of the remainder had no mailed date at all. Stat. It is mandatory to procure user consent prior to running these cookies on your website. Like Benson's actions (and those of her counterparts in Pennsylvania and Georgia), these actions by Wayne County electoral officials were not only alterations to state election law that were unapproved by the legislature, and therefore unconstitutional; they also, the filing continued, "resulted in a number of constitutionally tainted votes that far exceeds the margin of voters separating the candidates in Michigan." entering your email. Moreover, Justices Neil Gorsuch and Samuel Alito had previously spoken out against the arbitrary altering of established rules during a crisis more abstractly. All three of President Donald Trump’s Supreme Court appointees — Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett — joined Chief Justice John Roberts and the three liberal justices in declining to hear Texas v.Pennsylvania. Texas v. Pennsylvania gives the Supreme Court the opportunity to turn the country away from this dangerous path. 474,442, Following similar actions on the public-charge rule, Medicaid work requirements, and various Trump-era immigration policies, the Biden administration is now moving to end litigation over Trump's so-called "gag rule" for Title X family-planning clinics. What happens in Las Vegas may stay in Las Vegas. If inaugurated Biden/Harris should be met with impeachment on DAY 1. Texas v Pennsylvania et al has 105,148 members. ARGUMENT I. Follow filed. 22O155, Original In the Supreme Court of the United States STATE OF TEXAS, Plaintiff, v. COMMONWEALTH OF PENNSYLVANIA, STATE OF GEORGIA, STATE OF MICHIGAN, AND STATE OF WISCONSIN, Defendants. uh-huh - Texas gets their 38 votes, correct? Docket No. Nonetheless, a combined total of around five hundred unmanned drop-boxes were set up by the mayors of Green Bay, Kenosha, Madison, Milwaukee, and Racine--Wisconsin's five largest cities, all of them predominantly Democratic. Motion for leave to file amicus brief by Christian Family Coalition filed. Pennsylvania, et al. This website uses cookies to improve your experience while you navigate through the website. Moreover, and again much like how events unfolded in Pennsylvania, the Secretary of State and Georgia Democrats used a "friendly lawsuit" to evade a statute that absentee voters who want to "cure" their ballots can do so (up until three days after Election Day), provided a) the ballot has been rejected on account of a defective signature or some other error, and b) a clerk on the election board then contacts the voter in writing to come and correct it. Motion for leave to file amicus brief by U.S. Representative Mike Johnson and 125 other Members filed. The State of Texas’s motion for leave to file a bill of complaint is denied for lack of standing under Article III of the Constitution. Since all states were the injured parties, it went on, the individual state governments could not simply be left to clean up their own problems; the Supreme Court had original jurisdiction and therefore must intervene. @AaronBelkin is for it. § 6.84(1)) which clearly states that while a number of drop-off locations for absentee ballots may be set up in individual localities, each must be staffed by responsible officials; they cannot be left unmanned. The case was docketed shortly after it was filed and the defendants were given until 3PM EST on December 10 to respond. ORDER IN PENDING CASE - TEXAS V. PENNSYLVANIA, ET AL. The case observed that the rejection rate of absentee ballots was only 0.37% in the election, compared to 6.42% in the 2016 presidential election (prior to the adoption of these new rules). Opposition to motions for leave to file bill of complaint and for injunctive relief from defendant Michigan filed. This, and the unconstitutionality of what state and local officials did, the suit concludes, is reason to toss the state's results. (Elected State Officials) submitted. Argument Opinion Vote Author Term; 22O155: N/A N/A N/A: N/A: OT 2020: Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. Stat. p. 1. Not only was this unconstitutional in and of itself, the plaintiffs went on to point out the election results engineered by such actions, since they were part of a federal election, affected every other state in turn. This page was last modified on 13 February 2021, at 00:26. The alleged violation of these laws came from other quarters, particularly on the local level. Just in: SCOTUS has canceled oral argument in the case on the legality of Medicaid work requirements approved under the Trump administration. Argument had been scheduled for March 29, but the Biden administration asked the justices to scrap the case as it unwinds the policy. Tweets by @SCOTUSblog Indeed, of all the Secretaries of State named in the suit, Benson's behavior might be considered the most brazen. It further notes a previous ruling from Justice Alito that ballots with irregularities had to be separated, a ruling that the state of Pennsylvania promptly ignored. Texas’ lawsuit, filed directly in the Supreme Court, challenged election procedures in four states: Georgia, Michigan, Pennsylvania and Wisconsin. As in Pennsylvania, however, the constitutional issue in Georgia wasn't the number of ballots affected, or which candidate they favored, but the fact that state law was broken to count them. Texas v. Pennsylvania. Texas Attorney General Ken Paxton asked the … Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections. MOTION FOR LEAVE TO FILE BILL OF COMPLAINT Pursuant to 28 U.S.C. But what happens in Pennsylvania, Georgia, Michigan, and Wisconsin can affect the people of Texas and all other states. 10,627 See Coyle v. Smith, 221 U.S. 559 (1911). Response to motion for leave to file bill of complaint and motion for preliminary injunction and temporary restraining order or stay from defendant Wisconsin filed. § 168.759(3)) which specifies the means by which registered voters may request a mail-in ballot, if they so desire: 1) By a written request, signed by the voter in question; 2) by filling out an absentee voter ballot application form, provided by the clerk of the voter's city or township; and 3) by completing a federal postcard application. Compared to the other states named in the suit, Wisconsin is presented as something of an outlier; its Secretary of State is not identified as an especially culpable official, and the case notes that it has on record some very strongly-written laws to prevent election fraud. By doing so, it has denied the voters of Texas due process and equal protection by allowing states to change their election laws without legislative consent for the benefit of a preferred political candidate. For 4 years the democrats and globalists have tried to stop our president. In support of this, the suit cites an affidavit from Jesse Jacob, a long-time employee of the City of Detroit, who stated that she was "instructed not to look at any of the signatures on the absentee ballots" or "to compare the signature on the absentee ballot with the signature on file.". Texas v. Pennsylvania (22O155) là một đơn kiện tại Tối cao Pháp viện Hoa Kỳ khiếu nại kết quả cuộc bầu cử tổng thống năm 2020 mà Joe Biden đã đánh bại tổng thống đương nhiệm là Donald Trump. Motion of State of Ohio for leave to file amicus brief not accepted for filing. note: The prospect of adding seats to the Supreme Court has been a rallying cry for some left-leaning polit... Actually, #SCOTUS just issued an order amending Monday's order list to limit the grant in Thompson v. Clark to the first question in the petition, on the "favorable termination" rule: https://www.supremecourt.gov/orders/courtorders/031121zr_2bo2.pdf https://twitter.com/DavidHuberman1/status/1369344684636659713. As with Pennsylvania and Georgia, the suit singles out the blatant violation of state electoral law by Michigan's executive-level officials, specifically Secretary of State Jocelyn Benson.
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