Trump Lawyer: Pressure on Supreme Court to Take Up Texas Lawsuit Is 'Extremely Strong'

Trump Lawyer: Pressure on Supreme Court to Take Up Texas Lawsuit Is 'Extremely Strong'
President Donald Trump looks on during a ceremony presenting the Presidential Medal of Freedom to wrestler Dan Gable in the Oval Office of the White House in Washington on Dec. 7, 2020. (Saul Loeb/AFP via Getty Images)
Jack Phillips

A lawyer for President Donald Trump said that following the significant number of briefs filed in opposition and support for Texas' lawsuit against key battleground states, the U.S. Supreme Court likely will take up the case.

"I suspect the Supreme Court is going to meet in conference [Friday] to decide whether to grant Texas' motion to file the original action," Trump counsel John Eastman told Newsmax on Thursday. "And then they'll confront the issue like President Trump's motion to intervene.

Eastman said that because around 20 states, various state House members, President Trump himself, and more than 100 GOP House representatives have signed on to support the Texas lawsuit, that should be enough pressure on the Supreme Court to take the case. In Pennsylvania, for example, the state's House speaker and House majority leader issued a brief to support Texas' case.

"With 18 states now and the president of the United States himself, the press to exercise whatever discretion they have to take the case, and hear it, is extremely strong," he said. "It does highlight to the Supreme Court how important this case is and how important and necessary it is that it be resolved in a way that the country can think it was fairly decided," he added. "Right now the country doesn't think that."

Texas Attorney General Ken Paxton’s lawsuit—which disputes the elections in Michigan, Georgia, Pennsylvania, and Wisconsin—was filed on Monday night, arguing that the four battleground states made last-minute, unconstitutional changes to their respective election laws, treated voters unequally, and caused significant voting irregularities by relaxing ballot-integrity regulations. The lawsuit does not make mention of fraud allegations, but said officials in the states carried out unlawful reforms to voting reforms.

Eastman told Newsmax on Thursday that both Democrats and Republicans should encourage the Supreme Court to take up the case.

"I think both sides ought to want to have this resolved," he added. "Half the country thinks this election was stolen, including, according to [pollster] Rasmussen, 30 percent of Democrats. If that's true, why would even the Biden camp not want to actually have a court look at the data, look at the violations of state law that occurred to loosen the fraud risk protections on absentee ballots."

He asked: "What would they not want to get this cleared up? So if they do win the election after a fair review, they could come in as a more legitimate president."

Earlier in the day, the attorneys general of the four defendant states filed briefs in opposition to the Texas lawsuit.

Among, them, Democratic Pennsylvania Attorney General Josh Shapiro, at one point, described Paxton's filing as a "seditious abuse" of power and said other states have not suffered injury “simply because it dislikes the result of the election, and nothing in the text, history, or structure of the Constitution supports Texas’s view that it can dictate the manner in which four other states run their elections.”