Texas Throws a Hail Mary

Texas Throws a Hail Mary, by John Hinderaker. See our earlier post on this case.

Yesterday the State of Texas filed pleadings in the U.S. Supreme Court alleging that the electoral processes followed by Pennsylvania, Georgia, Michigan and Wisconsin in this year’s election were unconstitutional and the results in those states should be negated. Because this is a lawsuit between states, the Supreme Court has original and exclusive jurisdiction.

The Texas motion and supporting brief are well-drafted and make a plausible case–importantly, one that, if accepted, does not require extensive fact-finding into alleged voter fraud. …

Texas wants the Supreme Court to prevent the current electors from the four states in question to be counted in the electoral college — or to choose new ones, based on their own constitutions.

Based on a quick review, Texas’s lawsuit strikes me as plausible from a legal standpoint. It avoids the morass of fact-finding on numerous claims of fraud and irregularity (although there are considerable allegations along these lines in the pleadings) that cannot possibly be carried out by any court, let alone an appellate court, in a workable time frame. Does that mean the case will succeed? No. It may very well be subject to legal infirmities that the defendant states will soon point out. And the likelihood that the Supreme Court will seriously entertain the idea of overturning the apparent result of the election is far-fetched.

Still, Texas’s lawsuit represents the most credible and practical challenge to Joe Biden’s tainted victory that I have seen.

From the comments at Instapundit:

I wonder if the left, and the court, realize this is a hail mary to prevent a civil war, not to keep Trump in office. 30% of democrats and 80+% of republicans think the election was stolen. That is a loss of legitimacy of the nation’s governments from the state level through the federal.

Glenn Reynolds:

They are children playing with nitroglycerin, so no, they won’t realize that. At least, not in time