SCOTUS sends tough love message to state legislators in the USA

The US Supreme court recently rejected a Texas lawsuit against Georgia, Pennsylvania, Michigan, and Wisconsin.  Texas alleged that election irregularities occurred in the Defendant States which allowed an unfair electoral advantage (the Defendant States had loosened their voting rules prior to the election due to Covid-19 but did not go through their State Legislators to do so).

The US Supreme Court decision made itself clear: Texas, and its supporters from 17 other States (via Amicus Briefs and direct suit filings), had no “standing.”  Texas did not have a legitimate relationship to the Defendant States in order to adjudicate injury. The Court therefore could not embark upon evidentiary review to judge the case on its merits.

While Never-Trumpers expressed satisfaction with the decision, many believing that the legitimacy of the Trump Team had received its coup-de-gras, other election law suits continue to find their way to the Supreme Court which may or may not go anywhere.  In the meantime, eyes have turned back to the States themselves whose election officials deny wrongdoing and whose judiciaries appear to be backing them.

The legitimacy and prestige of the Trump Team appears to have received a serious blow.  At least that is what some people are saying.  Others are saying that a clarification of responsibility has been made.  The SCOTUS has said “no” to cleaning up the Defendant States’ electoral problems.  States need to clean up their own messes.

The State Legislators of Georgia, Pennsylvania, Wisconsin, and Michigan are aware of their power to produce new slates of electors if they feel recent elections in their jurisdictions have been problematic. It has yet to be seen if they will take this initiative and responsibility.

Since Republican legislators would be the ones to claim a lack of trust in the election results, Republicans would have to split off from the Democrats in their respective States and create their own slates of electors.  These electors would compete against the Democrat electors for each State. The two groups would effectively cancel each other out, throwing the decision for President and Vice-President to the US Congress and Senate.

It would appear that this is where the Trump-Team hopes to go.  Calls for the Republicans in the State Legislators of Georgia, Pennsylvania, Wisconsin, and Michigan to “man up” have been heard.  The SCOTUS appears to have expressed the same sentiment in its rejection of the Texas case.

About the Author
Victor Salkowitz is a retired Clinical Social Worker with over 30 years experience in prisons, child welfare, and adult mental health agencies. He received his B.A. in Psychology from UC Davis and an MSW from UC Berkeley, becoming licensed in 1991.
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