The lawsuit claims Texas and its voters were treated unfairly by changes in election laws in four states because the changes skewed overall election results. The states are Pennsylvania, Wisconsin, Michigan, and Georgia. An error in presidential election results would also mean the vice president pick is flawed. And because the vice president is often the tiebreaker for which party holds the Senate majority, this would affect Texas’s representation in the Senate.
Attorney Robert Henneke, General Counsel of Texas Public Policy Foundation, called this a “game-changer” and a new constitutional argument that hasn’t been raised in any 2020 election filings.
“It’s a standalone claim that’s one that only a state like Texas could bring. And this is far from being over. This is a serious challenge to the constitutionality of the outcome in these various states, and it’s one that the Supreme Court should take up, should resolve on an expedited basis,” said Henneke.
Henneke said this case can be thought of like a sporting event. If one team breaks all of the rules, he asked if you could really count on the outcome of the score.
Some say that the Supreme Court is unlikely to take up the case. Henneke says he believes the Supreme Court will have to respond to the lawsuit.
Pennsylvania, Wisconsin, and Michigan’s Attorney Generals called the lawsuit meritless and a “publicity stunt.”
Henneke says the defendant states are simply acting like defendants.
“It’s no surprise to me that they have embarrassment over that fact and deeply desire to have this ignored and swept underneath the rug,” said Henneke.
He said the only constitutional deadline is Jan. 20—Inauguration Day, and believes there’s more than enough time for the Supreme Court to get it right.
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