Lawrence Person's BattleSwarm Blog 12/9/2020
Paxton’s Supreme Court Gambit
Multiple lawsuits over election fraud are preceding through the courts and appeal process. One of the most important is a
lawsuit filed in the Supreme Court by Texas Attorney General Ken Paxton yesterday against Pennsylvania, Georgia, Michigan, and Wisconsin seeking to have their state legislatures appoint electors due to widespread election fraud in those states:
The filing, first reported by Joel Pollak at Breitbart, is under a procedure where the U.S. Supreme Court has original jurisdiction in suits between states. That means the lawsuit does not need to be filed in District Court, then work its way through the normal appeals process.
The lawsuit is in the form of a
Motion for Leave to File Bill of Complaint. (The Brief in support of the Motion appears starting at page 50 of the pdf. A more complete pdf. with all filings, including the Motion for Preliminary Injunction and a Temporary Restraining Order
is available here starting at pg. 111)
The relief sought is a delay of the December 14 statutory deadline for electors to vote, arguing that the Supreme Court has the power to delay that deadline since “[t]he only date that is mandated under the Constitution … is January 20, 2021. U.S. CONST. amend. XX.†The purpose of the delay would be for state legislatures to consider appointing the electors given the unreliability in the way the elections were handled.
This is in line with some commenters here suggesting that January 20 is the only real Constitutional deadline.
I’m not sufficiently familiar with this procedure to opine right now on whether it is proper procedurally…
You and me both!
More:
https://www.battleswarmblog.com/?p=46613