Texas Replies


Texas has filed a reply to the oppositions filed by Pennsylvania, Michigan, Wisconsin, and Georgia.

UPDATE—The Texas reply concludes—

Although Defendant States dispute that the Court should hear this action in its discretion and dispute the laws and facts, Defendant States offer no reason against deciding this action summarily if the Court rules for Texas on the facts and law.

UPDATE 2—Texas has also filed a reply in support of its motion for a preliminary injunction.

UPDATE 3—126 Congresscritters file in support of the Texas motion for a preliminary injunction.

Tomorrow is Pitching to Today


And just before bedtime on Thursday evening another brief was filed with the Supremes in the Texas v. Pennsylvania, et al. case. This one is from the governor of Montana, and he’s supporting the defendant states—which is opposed to the position taken by the State of Montana.

When the going gets weird, the weird turn pro.

—Hunter S. Thompson

I note that Governor Bullock is Democrat. I also note that although he has filed in his official capacity as governor, he is represented by lawyers from New York rather than Montana.

Ohio Asks the Supremes to Rule


Ohio has asked for leave to file a brief in support of neither party in the Texas v. Pennsylvania, et al. suit. While Ohio does not support the remedies sought by Texas, it asks the court to take the case and settle the meaning of the Electors Clause so that future elections will not be plagued with similar issues.

Who’s On First


I told you that it would be interesting to see who files amicus briefs in support of which side of the Texas v. Pennsylvania, et al. lawsuit in the Supreme Court. The following states have filed a joint brief in support of the Texas motion for leave to file a Bill of Complaint: Missouri, Alabama, Arkansas, Florida, Indiana, Kansas, Louisiana, Mississippi, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, and West Virginia. In addition, Arizona has filed a motion for leave to file a brief asking the court to hear the case and to hear it quickly “to give the Nation certainty.” While Arizona argues that the court does not have discretion as to whether to hear the case or not, it does not necessarily support Texas’ position in the case.

A group of law professors along with Roy Moore (yes, that Roy Moore) have filed a motion to file an amicus brief in support of Texas.

Donald Trump, in his personal capacity, has filed a motion to intervene in the case.

A group of individuals (including “Carter Phillips, former Acting Attorney General Stuart Gerson, former Senator John Danforth, former Governor Christine Todd Whitman, former Senator and Governor Lowell Weicker, conservative legal scholars, and others who have worked in Republican federal administrations”) have filed a motion for leave to file an amicus brief is support of the defendant states. They argue that the Texas case violates the principle of federalism and the separation of powers between the states and the federal government, a states’ rights argument.

Stay tuned.

Texas, et al.


Thus far, it’s reported that the Attorneys General of Alabama, Arkansas, Florida, Louisiana, Mississippi, Missouri, South Carolina, South Dakota, and Tennessee have announced support for Texas either as amici or possibly co-plaintiffs in the Texas v. Pennsylvania, et al. lawsuit.

I am unaware of any state signing on in support of the defendant states in the case.

Stay tuned.

UPDATE—Missouri and 16 other states have filed an amicus brief in support of Texas.