In the wee hours of Wednesday morning following the presidential election on Nov. 3, a stunned President Trump held a press conference, trying to make sense of what appeared to be a safe lead he had over Joe Biden mysteriously slip away. He commented that morning that he hoped the Supreme Court would eventually get the opportunity to see evidence and make a ruling that he hoped would benefit him.
Well, that fateful moment with the SCOTUS has appeared to have arrived. The Attorney General for the state of Texas, Ken Paxton, has filed a lawsuit with the U.S. Supreme Court that could determine if Trump still has a fighting chance to overturn the results in key swing states or end his fight altogether.
On Newsmax TV Tuesday, Jordan Sekulow, a member of Trump’s legal team, told viewers that this decision by the highest court in the land would be “the be-all, end-all case” for Trump. “The Supreme Court is not just considering what Texas has filed, they are now going the next step, which is to say, ‘We want a response from the states named,'” Sekulow said. The states named are the four key battleground states of Georgia, Michigan, Pennsylvania and Wisconsin.
The lawsuit claims the electors’ clause was violated in these states, along with due process and equal protection. Sekulow said the Supreme Court will weigh the suit’s proposed remedy of the four state’s legislature seating new electors. “These are all constitutional challenges that Texas is bringing. It’s specifically going at the heart of constitutional challenges.”
The clock is ticking. The four states have until 3 p.m. on Thursday to “actively respond” to the election fraud allegations. So far, Trump’s legal team has had very little success with the decisions of courts in the individual states, but that has little to do with this lawsuit filed by Paxton, which the Supreme Court is taking up.
Sekulow said this is the major challenge his side has been waiting for and believes once the court sees the evidence alleged in the suit that “the battleground states had flooded their people with unlawful ballot applications and ballots while ignoring statutory requirements as to how there were received, evaluated and counted,” they will rule in the favor of Trump.
On Wednesday, President Trump said that he and/or members of his legal team would join, as intervenors in this suit.
An intervention, in legal terms, is a procedure that lets a nonparty join ongoing litigation if the case affects the rights of that party. It’s up to the Supreme Court to decide if they allow or deny such a request.