Texas will Prevail
Texas asks to have a longer word count for filing and calls out defendants as not supporting with facts and suspect in their actions.
Defendant States do not seriously address grave issues that Texas raises, choosing to hide behind other court venues and decisions in which Texas could not participate and to mischaracterize both the relief that Texas seeks and the justification for that relief. An injunction should issue because Defendant States have not—and cannot—defend their actions. First, as a legal matter, neither Texas nor its citizens have an action in any other court for the relief 2 that Texas seeks here. Moreover, no other court could provide relief as a practical matter. The suggestion that Texas—or anyone else—has an adequate remedy is specious.
Second, Texas does not ask this Court to reelect President Trump, and Texas does not seek to disenfranchise the majority of Defendant States’ voters. To both points, Texas asks this Court to recognize the obvious fact that Defendant States’ maladministration of the 2020 election makes it impossible to know which candidate garnered the majority of lawful votes. The Court’s role is to strike unconstitutional action and remand to the actors that the Constitution and Congress vest with authority for the next step. U.S. CONST. art. II, § 1, cl. 2; 3 U.S.C. § 2.
Third, Defendant States’ invocation of laches and standing evinces a cavalier unseriousness about the most cherished right in a democracy—the right to vote. Asserting that Texas does not raise serious issues is telling.