December 10, 2020
LANSING – Michigan Attorney General Dana Nessel has filed her response today with the U.S. Supreme Court to Texas Attorney General Ken Paxton’s lawsuit, which seeks to overturn the election results in Michigan and several other battleground states.
In her response, Nessel notes that the challenge by Texas is “an unprecedented one, without factual foundation and without a valid legal basis.”
“The base of Texas’s claims rests on an assertion that Michigan has violated its own election laws. Not true,” the filing states. “That claim has been repeatedly rejected in the federal and state courts in Michigan, and just yesterday the Michigan Supreme Court rejected a last-ditch effort to request an audit. Not only is the complaint here meritless, but its jurisdictional flaws abound and provide solid ground to dispose of this action.”
Part of the jurisdictional flaw with this lawsuit is Texas’s end-around to the country’s traditional judicial process by filing its complaint directly with the U.S. Supreme Court.
Along with Michigan, Pennsylvania, Georgia and Wisconsin were listed as defendants in the suit. All the defendant states had claims similar to those noted in Texas’s complaint brought in their respective federal and state appellate courts, and those claims have been soundly and summarily rejected.
“Trump and his ambassadors – like the Texas Attorney General – have used our court system to wage a disinformation campaign baselessly attacking the integrity of our election system. In addition to just spreading falsehoods on social media platforms, through media channels, and from seats positioned before our state legislatures, they’ve now done so at our country’s highest court,” Nessel said. “I am confident the Supreme Court will reject Texas’ bid to disenfranchise millions of Michigan voters and I am proud to represent the people of my state in defense of the very essence of our core democratic values. Michigan voters will decide the outcome of their elections, not Texas politicians. ”
False claims made against election officials in Michigan have varied from prohibiting Republican poll challengers from monitoring the counting of votes, to the legality of mail-in ballots cast and election fraud.
President Donald Trump has expressed his intent to intervene in Texas’ lawsuit, while several Republican state attorneys general have filed amicus briefs in support of Texas.
The case is just one of many that have been filed following the Nov. 3 general election disputing the results that gave Democratic President-elect Joe Biden a resounding victory over Republican President Trump.
ELECTION LITIGATION UPDATE