[Ed. – The complete complaint filed by the Texas attorney general is here. Ted Cruz said Monday night on Hannity that he believes the basis is sound for SCOTUS to hear this. I think a lot of folks are dubious about the remedy proposed in the lawsuit though; i.e., SCOTUS ordering the four states to have their legislatures appoint the electors. The question isn’t whether it would be constitutional, as it clearly would. The question is whether the court would agree to do something so politically explosive.]
The State of Texas filed a lawsuit directly with the U.S. Supreme Court shortly before midnight on Monday challenging the election procedures in Georgia, Michigan, Pennsylvania, and Wisconsin on the grounds that they violate the Constitution.
Texas argues that these states violated the Electors Clause of the Constitution because they made changes to voting rules and procedures through the courts or through executive actions, but not through the state legislatures. Additionally, Texas argues that there were differences in voting rules and procedures in different counties within the states, violating the Constitution’s Equal Protection Clause. Finally, Texas argues that there were “voting irregularities” in these states as a result of the above.
Texas is asking the Supreme Court to order the states to allow their legislatures to appoint their electors.