Senator John Cornyn, the former Texas attorney general, said publicly that he could not streamline the legal basis of the lawsuit.
President Donald Trump and seventeen Republican attorneys general have backed Texas AG Ken Paxton’s lawsuit, which aims to reverse election results in four battlefield states.
According to the New York Times, the lawsuit was brought and expanded by so-called “Trump loyalists”. The Commander-in-Chief hopes that by taking the case to the Supreme Court, Paxton can convince the bank that election fraud was so widespread that ballot papers will have to be invalidated in Michigan, Georgia, Wisconsin and Pennsylvania.
However, neither Trump nor his lawyers have been able to show that widespread electoral fraud has taken place in any of these states – and not for lack of attempts. To date, the Trump campaign has filed dozens of lawsuits against individual states, cities and counties in them.
Few of these lawsuits have succeeded in invalidating ballots. In the few cases where the Trump campaign or its proxies have managed to win victories, the number of votes affected has been noticeably low.
In several cases, courts have condemned the Trump campaign’s numerous lawsuits as practically an attack on democracy. Earlier this week, a Michigan judge dismissed a complaint from former campaign attorney Sidney Powell who tried to invalidate all of Michigan’s votes by handing over the electoral powers of its Republican-dominated state legislature to conspiracy theories.
A 2013 picture of Texas Attorney General Ken Paxton. Image via Wikimedia Commons / User: Alice Linahan Voices Empower. (CCA-BY-2.0).
Despite the high likelihood of failure of the lawsuit, it was endorsed by prominent Republicans across the country.
The New York Times notes that Missouri Senator Josh Hawley, dubbed “President’s Ambitions,” tweeted in favor of Attorney General Eric Schmitt’s decision to sue.
“Good work!” Hawley wrote after Schmitt announced the state’s involvement in the case.
By and large, Paxton and his Conservative allies have tried to claim that the defendants – Michigan, Pennsylvania, Georgia and Wisconsin – made last-minute changes to their electoral codes that facilitated, or may have facilitated, electoral fraud.
But legal experts allegedly told the Times that there is no compelling reason – or precedent – to suggest that attorneys general have the legal authority to question the conduct of their elections by other states.
John Cornyn, a senator from Texas and former attorney general, told CNN that he still couldn’t understand the basis of Paxton’s arguments.
“Number one,” said Senator Cornyn, “why should any state – even a large state like Texas – have a say in how other states administer their elections?”
Other conservatives, such as “longtime GOP attorney and CNN employee Benjamin Ginsberg,” have questioned whether interference with the rights of states should be part of the Republican Party’s official platform.
“I can’t think of anything less loyal to the principle of the rights of states than a Texas attorney general trying to tell other states how to conduct their elections,” said Ginsberg.
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