What’s On Second


Here’s the breakdown as of 7:30 pm ET this evening of the filings in the Texas v. Pennsylvania, et al. lawsuit.

Texas has filed its complaint. Donald Trump, in his individual capacity, has filed to intervene as an plaintiff-intervenor. Missouri, Arkansas, Louisiana, Mississippi, South Carolina, and Utah have also filed to intervene as plaintiff-intervenors. Others have also filed to intervene as plaintiff-intervenors as well—

One such filing is from a group of state legislators from Michigan, Georgia, Wisconsin, and Pennsylvania. Another is from an organization called the Freedom Fund. A third is from another group of private citizens and state legislators for the four defendant states.

Amicus briefs in support of Texas have been filed by group of 106 members of the House of Representatives; by the Speaker of the Pennsylvania House and Majority Leader of the Pennsylvania Senate; and by a group of state legislators from Alaska, Arizona, and Idaho. A group called the Christian Family Coalition has also filed a brief in support of the plaintiff. Oh, and Missouri, Alabama, Arkansas, Florida, Indiana, Kansas, Louisiana, Mississippi, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, and West Virginia have filed a joint brief supporting Texas.

Michigan, Wisconsin, Georgia, and Pennsylvania have all filed oppositions to Texas’ motion to file and Texas’ complaint.

The District of Columbia, the states of California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, and the territories of Guam and the U.S. Virgin Island have filed a joint brief in support of the defendants. The City of Detroit has also filed a brief in support of the defendants, as have a group of RINO ex-public officials.

Arizona and Ohio have filed briefs in support of neither side that ask the court to resolve the matter in order to prevent future elections from having to deal with the same question again.

IANAL, but from my initial scan of the filings, the basis for Texas’s complaint seems plausible to me. The general thrust for the arguments from the defendants and their amici is that the Supreme Court has no business butting in on how states conduct elections, that Texas doesn’t have standing to bring the suit, and that res judicata resulting from various low ercourt suit forecloses any further litigation.

Fasten your seatbelts and stay tuned.

UPDATE—When I checked the Supreme Court website around 8:30 pm, I found one more brief had been submitted. It is from a group of state legislators from Georgia in support of Texas.

UPDATE 2—When I checked around 11 pm, L. Lin Woods amicus brief had been filed. He supports Texas.

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