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Texas to the rescue of our 2nd Amendment rights

Posted: Tue Dec 08, 2020 8:43 am
by Paladin

Re: Texas to the rescue of our 2nd Amendment rights

Posted: Tue Dec 08, 2020 9:28 am
by srothstein
I like this. Unfortunately, and I am not a lawyer nor an expert in this area, I see a single problem with it. Texas may not have standing for the lawsuit since it is not an injured party. I really want to see this case go through and it is asking for a remedy the courts could order. It is not asking for a specific winner to be determined, just that the legislature be ordered to choose the electors. This might not make a difference to the election overall, as the legislatures could appoint the Biden electors, "bowing to the expressed will of the people" anyway. But I like the concept and the case argument.

Re: Texas to the rescue of our 2nd Amendment rights

Posted: Tue Dec 08, 2020 10:40 am
by philip964
I like this, way to go Texas!!!

Puts it all in one big lawsuit.

https://www.citizenfreepress.com/breaki ... eme-court/

So simple I understand it.

Ted Cruz offered to argue it before SCOTUS.


Re: Texas to the rescue of our 2nd Amendment rights

Posted: Tue Dec 08, 2020 10:43 am
by Papa_Tiger
philip964 wrote: Tue Dec 08, 2020 10:40 am I like this, way to go Texas!!!

Puts it all in one big lawsuit.
The easier to be dismissed for lack of standing. If I understand correctly, Alito will be the one handling initial review on this.

Re: Texas to the rescue of our 2nd Amendment rights

Posted: Tue Dec 08, 2020 11:02 am
by parabelum
srothstein wrote: Tue Dec 08, 2020 9:28 am I like this. Unfortunately, and I am not a lawyer nor an expert in this area, I see a single problem with it. Texas may not have standing for the lawsuit since it is not an injured party. I really want to see this case go through and it is asking for a remedy the courts could order. It is not asking for a specific winner to be determined, just that the legislature be ordered to choose the electors. This might not make a difference to the election overall, as the legislatures could appoint the Biden electors, "bowing to the expressed will of the people" anyway. But I like the concept and the case argument.


Paxton writes:

“The states violated statutes enacted by their duly elected legislatures, thereby violating the Constitution. By ignoring both state and federal law, these states have not only tainted the integrity of their own citizens’ vote, but of Texas and every other state that held lawful elections,”

So I read that to be the “injured party”. IANAL of course.

Re: Texas to the rescue of our 2nd Amendment rights

Posted: Tue Dec 08, 2020 11:12 am
by Flightmare
parabelum wrote: Tue Dec 08, 2020 11:02 am
srothstein wrote: Tue Dec 08, 2020 9:28 am I like this. Unfortunately, and I am not a lawyer nor an expert in this area, I see a single problem with it. Texas may not have standing for the lawsuit since it is not an injured party. I really want to see this case go through and it is asking for a remedy the courts could order. It is not asking for a specific winner to be determined, just that the legislature be ordered to choose the electors. This might not make a difference to the election overall, as the legislatures could appoint the Biden electors, "bowing to the expressed will of the people" anyway. But I like the concept and the case argument.


Paxton writes:

“The states violated statutes enacted by their duly elected legislatures, thereby violating the Constitution. By ignoring both state and federal law, these states have not only tainted the integrity of their own citizens’ vote, but of Texas and every other state that held lawful elections,”

So I read that to be the “injured party”. IANAL of course.
I wonder if the same logic then shoots the NPV (National Popular Vote) movement down as well.

Re: Texas to the rescue of our 2nd Amendment rights

Posted: Tue Dec 08, 2020 12:24 pm
by srothstein
parabelum wrote: Tue Dec 08, 2020 11:02 amPaxton writes:

“The states violated statutes enacted by their duly elected legislatures, thereby violating the Constitution. By ignoring both state and federal law, these states have not only tainted the integrity of their own citizens’ vote, but of Texas and every other state that held lawful elections,”

So I read that to be the “injured party”. IANAL of course.
AndyC wrote: Tue Dec 08, 2020 11:15 amTexas is claiming otherwise: "By these unlawful acts, the Defendant States have not only tainted the integrity of their own citizens’ vote, but their actions have also debased the votes of citizens in Plaintiff State and other States that remained loyal to the Constitution.”"

Thanks. I did not see the claims by Paxton. I am not sure that will hold up in court but I will certainly hope it works.

Re: Texas to the rescue of our 2nd Amendment rights

Posted: Tue Dec 08, 2020 1:42 pm
by parabelum
It would be interesting to see other Trump states begin to roll out similar suits.

Re: Texas to the rescue of our 2nd Amendment rights

Posted: Tue Dec 08, 2020 1:52 pm
by philip964

Re: Texas to the rescue of our 2nd Amendment rights

Posted: Tue Dec 08, 2020 2:15 pm
by Paladin
philip964 wrote: Tue Dec 08, 2020 1:52 pm https://news.yahoo.com/texas-asks-u-sup ... 30191.html

Reuters view on it.
Reuters says our Wall Street owners and the Communist Chinese Party are already celebrating their victory in defeating the democratic process and USA. Don't mess with their mojo

Re: Texas to the rescue of our 2nd Amendment rights

Posted: Tue Dec 08, 2020 8:09 pm
by JDstar
Today's decision in the similar (if not stronger) case from Pennsylvania does not bode well for this suit. It appears likely that SCOTUS is going to set this one out.

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Re: Texas to the rescue of our 2nd Amendment rights

Posted: Tue Dec 08, 2020 8:35 pm
by Chemist45
Parabellum wrote:
It would be interesting to see other Trump states begin to roll out similar suits.
Funny you should ask:
https://www.rt.com/usa/509073-louisiana ... eme-court/

Re: Texas to the rescue of our 2nd Amendment rights

Posted: Tue Dec 08, 2020 9:26 pm
by gtolbert09
Apparently Alabama, Arkansas, Florida, Kentucky, Louisiana, Mississippi, South Carolina, and South Dakota have joined Texas in the lawsuit.