Dave Yost, the Republican Attorney General of Ohio, filed an amicus brief Thursday with the US Supreme Court asking the Court to dismiss the lawsuit filed by Texas seeking to disenfranchise tens of millions of voters in four states, Reuters reporter Brian Heath tweets.
“[T]he relief that Texas seeks would undermine a foundation premise of our federalist system: the idea that the States are sovereigns, free to govern themselves,” Yost opined.
Texas, with 17 other states in support, wishes the Supreme Court to invalidate mail-in ballots in four key swing states–Georgia, Michigan, Pennsylvania and Wisconsin–thereby giving those Electoral College votes to lame-duck president Donald Trump instead of President-elect Joe Biden.
The Texas lawsuit echoes a baseless claim by Trump and his small horde of acolytes that mail-in voting is somehow illegal because mail-in votes, particularly in Black-majority cities, swung greatly to Biden. The lawsuit makes no claim of fraud in the ballots; instead, it avers that those states illegally managed the election process, something the Constitution gives individual states the authority to manage.
“The courts have no more business ordering the People’s representatives how to choose electors than they do ordering the People themselves how to choose their dinners,” the brief reads.
Legal scholars do not believe the Texas lawsuit will be taken up by the Supreme Court because the premise of the lawsuit–that one State can undermine another State’s sovereignty in managing its elections and force it to invalidate votes the plaintiff doesn’t like–is laughable.