The Texas Electoral Vote Dispute: Why the U.S. Supreme Court Won’t Intervene

The United States Supreme Court has been faced with a petition from the State of Texas to intervene in the ongoing dispute over electoral votes. This article explores why the Supreme Court is unlikely to grant cert to the Texas lawsuit, and why such a move would be futile.

Unchartered Territory: No Constitutional Issues

According to the article's author, the Supreme Court has no reason to intervene in this matter. The main argument is that there are no constitutional issues at stake. The Supreme Court's role is to ensure compliance with the Constitution, not to get involved in political disputes that do not affect its core principles.

The Less Merit than the Pennsylvania Case

The author points out that the Texas case has even less merit than the Pennsylvania case. The Pennsylvania case, in which the Supreme Court previously dismissed a similar lawsuit, is already a low bar for constitutional challenges. The Texas case, however, is even weaker. This suggests that there is little chance the Supreme Court will accept the case for further review.

No Standing for the State of Texas

A key legal principle that prevents the Supreme Court from hearing the case is the concept of standing. The State of Texas does not have standing to sue other states over the way they conducted their elections or the results thereof. As all elections are controlled by each state, Texas has no authority to challenge the outcome of another state's election. This is particularly true when the results have already been certified by the other states involved.

A Flawed Legal Strategy

The author also criticizes the legal strategy of Texas Attorney General Ken Paxton. It is noted that Paxton's lawsuit was thrown together hastily, and the number of electoral votes he wants to overturn—72—does not match the actual number, which is 62. This suggests a lack of substantial legal basis for the case and a desperate attempt to draw attention.

A Political Move, Not a Legal One

In reality, this lawsuit is seen more as a political maneuver than a genuine legal challenge. The primary goal seems to be to curry favor with former President Donald Trump. The Texas Attorney General is under investigation for fraud and is hoping for a pardon before leaving office. This move is a transparent attempt to secure political favor and a potential pardon, rather than a serious legal challenge.

Conclusion

In conclusion, the Supreme Court is unlikely to grant cert to the Texas lawsuit. The case lacks constitutional merit, the State of Texas has no standing to sue other states, and the legal strategy employed by Texas is flawed. This is not a serious matter for the Supreme Court to consider, but rather a political move by Texas's politicians.

Keywords: Supreme Court, Electoral Votes, Trump