Advancing Liberty Through Action

The Texas Lawsuit and the Supreme Court - What's Next?

Dec 14, 2020

The Supreme Court declined the Texas lawsuit on “standing,” not on the merits. In a short paragraph, the Court stated that Texas does not have a “cognizable interest in the manner in which another state conducts its elections.” The Court never decided the merits of the case raised by Texas.

But President Trump clearly does have standing to file the same lawsuit that Texas filed. He will have to begin at the lower court, but the case can rapidly reach the Supreme Court. The merits of the case must be decided.

The merits focus on the four swing states’ (GA, MI, PA, and WI) violations of state and Constitutional law.

Under the Constitution’s “Electors Clause” it is the state legislature that has plenary authority over the time, place, and manner of a presidential election. Yet, non-legislative actors changed the time and manner of mail-in ballots and thereby made them even more susceptible to fraud.

In Georgia alone, there are documented problems connected to 21,000 votes and allegations of 80,000 more. This is well beyond the 12,670 margin of votes between presidential candidates.

President Trump can, and should, file the same lawsuit filed by Texas. The suit would result in the state legislators of these four states choosing their electoral voters. With or without the lawsuit, the legislatures have this authority. They must use it. This is why your faxes to these swing state legislators are so critical. They hold the key to stopping election fraud.

Send your fax today urging these legislators to NOT certify any election before every invalid vote is thrown out. If that is not possible, then the vote should go before the U.S. House with one vote given to each state, which would have a Republican majority. -Mat

The election results in GA, MI, WI, and PA are unreliable. And this is precisely why the state legislatures should appoint their electors.

Democrat PA Secretary of State and the PA Supreme Court made many last-minute changes to mail-in ballots that were illegal. This illegality is not only raised in the Texas case but in another case at the Supreme Court.

After a truck with up to 288,000 mail-in ballots went missing in Pennsylvania, the State Supreme Court extended that deadline to three days after Election Day and ruled that even non-postmarked ballots were "presumptively timely."

A “great number” of ballots were received after the 8:00 PM election deadline and they were not separated, which defied a direct order by the U.S. Supreme Court. The Texas case points out the following problems:

  • Ballots returned on or BEFORE the mailed date. That total is 58,221.
  • Ballots returned one day after mailed date. That total is 51,200.
  • Ballots with NO MAILED date. That total is 9,005.

“These nonsensical numbers alone total 118,426 ballots,” states the lawsuit. This is well above the estimated 80,000 vote margin between candidates.

In addition, there is a discrepancy in PA of approximately 400,000 ballots between November 2 to November 4,” states the lawsuit. “[O]n November 2, the information was provided that only 2.7 million ballots had been sent out.” However, by November 4, suddenly “data sites reported over 3.1 million mail in ballots sent out.”

This discrepancy has never been explained. However, these problems impacted more than 800,000 votes in a race that was decided by about 1/10 of that number.

These legislators need to hear from you! Spur them to have the courage to appoint their own electoral college voters or refuse to certify the election results with your urgent fax today.

In Georgia alone, 21,000 serious “anomalies” were painstakingly found and categorized by Matt Braynard and sent to legislators in Georgia on Friday. This is hard evidence of where to look for fraud that came out after the Texas case was filed.

Texas is leading the charge to stop the steal of this election. A few points of the lawsuit include:

  1. People outside of the state legislature were unconstitutionally changing, and, thus violating election law;
  2. Voters inside these states were treated differently in Democrat-controlled areas which made it easier for them to vote (for example not requiring signatures on mail-in ballots and more); and
  3. This illegal activity opened the floodgates for fraud, particularly with mail-in ballots that have already been universally recognized as “ripe for fraud.” Thus, the elections results cannot be trusted.

The case states that “evidence of material illegality in the 2020 general elections held in Defendant States grows daily.” These problems violate our equal protection, due process, and the Electors Clause found in the U.S. Constitution. “Moreover, these flaws cumulatively preclude knowing who legitimately won the 2020 election and threaten to cloud all future elections,” states the lawsuit.

Because of overwhelming fraud, we don’t know who won the Presidential race in these swing states ... and we will never know. Therefore, the legislatures should appoint the electors.

The legislatures of GA, MI, PA, and WI are controlled by Republicans.

Today is traditionally the day of the electoral college vote; however, there is significant dispute between who should be casting those votes. It is critical that the state legislators choose who will be the electors.

Send your urgent fax to these swing state legislators (all with Republican majorities) to take up their constitutional mantle and choose the electoral voters.

Now is not the time to shrink back but to step up. Now is the time to get involved in helping lead our nation. You can make the difference. Partner with Liberty Counsel Action in this battle.

Give your best donation to strengthen LCA’s involvement in educating legislators and fighting for a fair, transparent, and honest election process.

This election is not over.


Mat Staver, Chairman
Liberty Counsel Action

P.S. We know firsthand the illegal behaviors that are happening to thwart a fair and honest election, and we are committed to helping fight this battle. As I mentioned above, we have a new Challenge Grant that will effectively DOUBLE the impact of your donations between now and the end of the year! Select here or the button below to equip our staff to fight this battle for a free and fair election.

P.P.S. Then send a fax directly to the swing state legislators to urge them to NOT certify until the questions of fraud have been answered. Then forward this message to like-minded friends who want to see free speech and fair elections preserved in America.