Elections 2020Statewide NewsU.S. Supreme Court Tosses Out Texas Lawsuit Contesting Election Procedures in Four States

The Texas lawsuit was rejected due to a lack of standing determined by the court.
December 11, 2020
Texas Attorney General Ken Paxton’s lawsuit challenging the constitutionality of four other states’ election procedures has been dismissed by the Supreme Court of the United States due to a lack of standing.

The lawsuit alleged that executive or judicial ordered changes to various election protocols were unconstitutional, and thus requested the court remand the appointment of Electoral College delegates to the respective state legislatures.

The four states sued were Georgia, Michigan, Pennsylvania, and Wisconsin.

Those states weren’t the only ones to issue unilateral executive or judicial mandates to change election procedure in code — Texas itself made similar changes through orders made by Governor Greg Abbott.

Paxton grabbed the national spotlight when he filed the 11th-hour suit against the four other states. Shortly thereafter, President Trump indicated his intent to join the lawsuit through his campaign — a promise he followed through on Wednesday, intervening in the suit.

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An additional 17 other states and 106 U.S. House members filed separate briefs in support of Texas’ challenge.

Texas officials across the state weighed in on the matter. Some, like Lt. Governor Dan Patrick and Texas GOP Chair Allen West, were supportive, while others, like Sen. John Cornyn (R-TX) and Rep. Chip Roy (R-TX-21) dissented out of concerns over federalism.

Justices Samuel Alito and Clarence Thomas issued a statement on the dismissal, reading, “In my view, we do not have discretion to deny the filing of a bill of complaint in a case that falls within our original jurisdiction. I would therefore grant the motion to file the bill of complaint but would not grant other relief, and I express no view on any other issue.”

Had the court accepted the case, the implications not only over the 2020 election results but of one state challenging the internal rules of another would have been groundbreaking.

At the moment, Texas v. Pennsylvania, et al. is among the last of the mainstay legal challenges to the 2020 presidential election.

Attorney General Ken Paxton said of the decision: “It is unfortunate that the Supreme Court decided not to take this case and determine the constitutionality of these four states’ failure to follow federal and state election law. I will continue to tirelessly defend the integrity and security of our elections and hold accountable those who shirk established election law for their own convenience.”


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Brad Johnson

Brad Johnson is a senior reporter for The Texan and an Ohio native who graduated from the University of Cincinnati in 2017. He is an avid sports fan who most enjoys watching his favorite teams continue their title drought throughout his cognizant lifetime. In his free time, you may find Brad quoting Monty Python productions and trying to calculate the airspeed velocity of an unladen swallow.