In a surprise move late Monday night, the state of Texas filed a direct lawsuit with the Supreme Court, arguing that the election procedures in Michigan, Georgia, Pennsylvania and Wisconsin violated the Constitution and the Court must order those states to let their legislatures appoint their electors. The full text of the lawsuit is here.
Why would Texas have standing to intervene? Think of it this way: unconstitutional voting procedures can allow an illegal vote to disenfranchise a legal voter within a state. But if those procedures determine the winner of a Presidential election, then wouldn’t they also be disenfranchising the voters of other states who voted for the candidate they believe legally won the race?
Meanwhile, judges in Georgia and Michigan dismissed Sidney Powell’s cases seeking to overturn the certifications of those elections due to vote fraud. The reasons were mostly unrelated to the evidence, such as lack of standing to file the suit, filing too late or that it should have been filed in state rather than federal court. The Michigan judge did claim that Powell presented theories and conjecture of what could have happened, but not evidence that it did. Powell claims that today’s “safe harbor” deadline doesn’t apply in fraud cases and that she has until at least December 14th and will appeal.