Non-Adjudication Is Not an Option

The Supreme Courtโ€™s refusal Fridayโ€”purely on standing groundsโ€”marks the latest in a long line of courts, all of whom have refused to hear the evidence of alleged widespread voter fraud (enabled by the unconstitutional acts of non-legislative actors in four of the six swing states still under dispute).

The Supreme Courtโ€™s refusal to reach the meritsโ€”over the dissents of Justices Samuel Alito and Clarence Thomasโ€”was, I fear, a tragic error of grave magnitude.

Settled Law Supports Texasโ€™s Standing

While Texasโ€™s claim to standing was unconventional, the high court could have easily heard the case: Well-settled law supported the opposite conclusion.

As Chief Justice Earl Warren, writing for the court over a half-century ago in Reynolds v. Simโ€”when striking down a racially based gerrymandering of voting districts in Alabamaโ€”wrote (emphasis mine): โ€œthe right of suffrage can be denied by a debasement or dilution of the weight of a citizenโ€™s vote just as effectively as by wholly prohibiting the free exercise of the franchise.โ€ The court went on to observe that โ€œto the extent that a citizenโ€™s right to vote is debased, he is that much less a citizen.โ€ The Chief Justice noted that the one person, one vote principle, free of โ€œdebasement or dilution,โ€ lies โ€œat the heart of Lincolnโ€™s vision of โ€˜government of the people, by the people, [and] for the people.’โ€

There can be no question, therefore, that the citizens of Texas have had their precious constitutional right of suffrage โ€œdebased and dilutedโ€ by the unconstitutional acts of non-legislative actors in the defendant states (Georgia, Michigan, Pennsylvania, and Wisconsin).

Under the Electorsโ€™ Clause, the state legislatures are given exclusive power to determine the โ€œmannerโ€ in which the stateโ€™s presidential electorsโ€™ are chosen.

Texas didnโ€™t take issue with the election laws of the four defendant states.

To the contrary, Texasโ€™s claim was that โ€œnon-legislative actorsโ€โ€”election officials, hyper-partisan courts, and, in some cases, elected and appointed members of the executive branchโ€”took steps to override the election laws of the defendant states.

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