‘We had them ready’: Republicans take loss with Texas lawsuit, return fire

by Jon Fleetwood | ​December 12, 2020


The US Supreme Court rejected Texas Attorney General Ken Paxton’s lawsuit against Georgia, Michigan, Pennsylvania, and Wisconsin on Friday.


These four states acted “unlawfully,” according to the lawsuit, by changing election policies “through executive fiat or friendly lawsuits, thereby weakening ballot integrity.”


The lawsuit and tandem amicus brief had seventeen state attorneys’ general and 126 members of Congress in support.


The Supreme Court rejected the lawsuit for “lack of standing.”


“The State of Texas’s motion for leave to file a bill of complaint is denied for lack of standing under Article III of the Constitution. Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections,” stated the court.


“All other pending motions are dismissed as moot.”

Republican Party of Texas Chairman Allen West was outraged by the SCOTUS decision. In an official response from the texasgop.org website, West excoriated the Supreme Court:


The Supreme Court, in tossing the Texas lawsuit that was joined by seventeen states and 106 US congressman, has decreed that a state can take unconstitutional actions and violate its own election law. Resulting in damaging effects on other states that abide by the law, while the guilty state suffers no consequences. This decision establishes a precedent that says states can violate the US constitution and not be held accountable. This decision will have far-reaching ramifications for the future of our constitutional republic. Perhaps law-abiding states should bond together and form a Union of states that will abide by the constitution.


The Texas GOP added at the bottom of the statement, “The Texas GOP will always stand for the Constitution and for the rule of law even while others don’t.”

Attempts at forming a new “Union of states” is already underway. For example, the “New California” and “New Nevada” separatist movements also filed an amicus brief on Friday supporting the Texas lawsuit.


The brief says New California and New Nevada seek to detach from their states in order to “stop the lawless actions” of the Democratic governors of Nevada and California, specifically the expansion of mail-in voting due to Covid-19, Forbes reports.


“New California State and New Nevada State are directly impacted by the arbitrary and capricious changes in election laws and procedures [that] occur with unfortunate regularity in the current States of California and Nevada.”

But it may not have to come to that.


Rudy Giuliani and President Trump’s legal team were prepared for the Supreme Court to reject the Texas lawsuit.


“We move immediately, seamlessly, to plan B, which is to bring lawsuits now in each one of the states. We had them ready. They’re just a version of the one that was brought in the Supreme Court,” said Giuliani.


“If the state doesn’t have standing, surely the president of the United States has standing. And certainly the electors in the states have standing. So they will be bringing those very cases right in those courts, starting today.”


“And let’s see what excuse they can try to use to avoid having a hearing on that.”