One of President Donald Trump's lawyers said the Supreme Court lawsuit that was filed by the state of Texas against Wisconsin, Michigan, Pennsylvania, and Georgia, claiming significant changes to election laws among other allegations, is the "end-all case" for Trump.
Sekulow, son of Trump impeachment lawyer Jay Sekulow, said the Supreme Court will weigh in on the suit's remedy for legislatures in these states to send up new electors. Sekulow said the "electors clause" of the Constitution was violated, adding that due process and equal protection are at play as well.
"These are all constitutional challenges that Texas is bringing," Sekulow said. "It's specifically going at the heart of constitutional challenges."
Lawyers for Wisconsin, Pennsylvania, Georgia, and Michigan have until Dec. 10 to respond to the litigation. The lawsuit was filed by Texas Attorney General Ken Paxton.
"People should understand this is the be-all, end-all case to really determine the outcome of this election," Sekulow said. "This is the major challenge, the one we were waiting for.
"That's different than most court cases at the Supreme Court, because this is a case of original jurisdiction ... because it is state versus state."
Following Paxton's lawsuit on behalf of the state of Texas, attorneys general for 17 other states filed a friend-of-the-court brief underscoring that the case requires the attention of the nation’s top court.
The Texas lawsuit argues that the four key battleground states unconstitutionally changed election laws, treated voters unequally, and triggered significant voting irregularities by changing ballot-integrity measures before the Nov. 3 election. Texas is now asking the Supreme Court to declare that the four states held their respective elections in violation of the Constitution and disenfranchised voters across the United States during the presidential election.
Missouri Attorney General Eric Schmitt said on Dec. 8 that he would help lead the effort in support of Texas’s Supreme Court filing, noting, “Missouri is in the fight.”
He said, “These continued attacks on our fair and free election system are beyond meritless, beyond reckless—they are a scheme by the President of the United States and some in the Republican party to disregard the will of the people—and name their own victors.”