Texas Sues Georgia, Michigan, Pennsylvania, and Wisconsin at Supreme Court Over Election Rules; Pence To Decide Race? Law Profs Say VP Allowed To ‘Count’ Electoral Votes
By Breitbart. The State of Texas filed a lawsuit directly with the U.S. Supreme Court shortly before midnight on Monday challenging the election procedures in Georgia, Michigan, Pennsylvania, and Wisconsin on the grounds that they violate the Constitution.
Texas argues that these states violated the Electors Clause of the Constitution because they made changes to voting rules and procedures through the courts or through executive actions, but not through the state legislatures. Additionally, Texas argues that there were differences in voting rules and procedures in different counties within the states, violating the Constitution’s Equal Protection Clause. Finally, Texas argues that there were “voting irregularities” in these states as a result of the above.
Texas is asking the Supreme Court to order the states to allow their legislatures to appoint their electors. (Read more from “Texas Sues Georgia, Michigan, Pennsylvania, and Wisconsin at Supreme Court Over Election Rules” HERE)
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Pence To Decide Race? Law Profs Say VP Allowed To ‘Count’ Electoral Votes
By WND. An analysis by two prominent law professors published before the election concluded that if Electoral College votes remain in dispute after they are counted in Congress, the vice president, as presiding officer of the joint session, could choose not to allow certain disputed votes.
The scenario isn’t entirely remote, with lawsuits challenging the results in six states and the possibility the U.S. Supreme Court could weigh in.
John Yoo of California-Berkeley and Robert J. Delahunty of St. Thomas University wrote in an analysis published Oct. 19 by the Claremont Institute that Vice President Mike Pence can refuse to count some of the votes if they remain disputed.
The professors concluded that the “constitutional structure” favors President Trump if Election Day “fails to result in a clear winner.”
They cited the “unprecedented” circumstance of the COVID-19 pandemic on the election and envisioned a scenario in which “Trump appears to be the winner on the morning after Election Day, but a ‘blue wave’ begins in the days and weeks after, and Biden claims a belated, overtime victory.” (Read more from “Pence To Decide Race? Law Profs Say VP Allowed To ‘Count’ Electoral Votes” HERE)
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