Texas officials filed a lawsuit this week alleging that four states recorded as wins for Democratic presidential nominee Joe Biden illegally changed their respective voting procedures prior to Election Day, Breitbart reported.
In response to the allegations, former Kansas Secretary of State Kris Kobach argued that this case “is far more important” than any of the dozens of election-related legal challenges launched over the past several weeks.
“Such a cut-and-dried question”
The suit had been filed with the U.S. Supreme Court as part of the Constitution’s Article III provision that disputes “between two or more states” are among the few specific matters over which it has original jurisdiction.
Of course, Kobach acknowledged that the nation’s highest court “has opined in the past that it may decline to accept such cases, at its discretion,” as Breitbart noted.
Nevertheless, he insisted that “it is incumbent upon the high court to take this case, especially when it presents such a cut-and-dried question of constitutional law, and when it could indirectly decide who is sworn in as President on January 20, 2021.”
According to Kobach, the Texas lawsuit is “a compelling case” by which two forms of unconstitutional acts are being alleged against four U.S. states: Georgia, Wisconsin, Pennsylvania, and Michigan.
“First, they violated the Electors Clause of Article II of the Constitution when executive or judicial officials in the states changed the rules of the election without going through the state legislatures,” he wrote, according to Breitbart. “The Electors Clause requires that each State ‘shall appoint’ its presidential electors ‘in such Manner as the Legislature thereof may direct.'”
“It is very strong”
For that reason, Kobach argued that Pennsylvania’s extension of a mail-in voting deadline by the state Supreme Court was a violation of that clause because it was not approved by the state legislature.
Similarly, Kobach determined that “election officials in Wayne County, Michigan, ignored the requirements of Michigan law and denied poll watchers access to vote counting, while other counties in Michigan followed the law,” thereby violating the 14th Amendment’s Equal Protection Clause.
In a tweet on Wednesday, President Donald Trump signaled his interest in joining Texas in pursuing the lawsuit, calling this challenge “the big one.”
He clarified that the case did not originate within his re-election campaign before going on to endorse the central arguments of the complaint.
“The case that everyone has been waiting for is the State’s case with Texas and numerous others joining,” Trump wrote. “It is very strong, ALL CRITERIA MET. How can you have a presidency when a vast majority think the election was RIGGED?”