In a Bid to Keep Trump President, Texas Sues Michigan in the US Supreme Court

Steve Vladeck, a University of Texas law professor, calls the move a ‘political stunt’ and says it’s unlikely the justices would agree to hear this case.

In an effort to throw out election results and keep Donald Trump as president, Republican Texas Attorney General Ken Paxton is suing Michigan and three other swing states in the U.S. Supreme Court.

Paxton is accusing Michigan, Wisconsin, Pennsylvania and Georgia of using the pandemic to exploit election laws and illegally affect the election. With courts across the country rejecting arguments put forth by the Trump campaign, it appears the President is throwing all his efforts into this lawsuit:

It’s a long shot — at best.

Steve Vladeck is the Charles Alan Wright Chair in Federal Courts at the University of Texas School of Law. 

“This is not a serious lawsuit. I mean, if you actually read the complaint, you know, there are a bunch of completely false factual claims in the complaint. There’s some weird statistical maneuver and that just doesn’t make any sense,” says Vladeck. 

Though it may sound like a big deal, it’s unlikely the justices would agree to hear this case.

“I guess the short version is,” Vladeck says, “it’s a case that the Supreme Court at least formally has the power to hear, but that I really can’t imagine has any interest in hearing or is going to be encouraged to hear.”

“I really think folks should sort of not read too much into these headlines besides another highly visible Republican official trying to make very publicly clear his support for the President’s increasingly disproven election theft claims.” — Steve Vladek

Even if SCOTUS picks up the case, the process will take months and have no bearing on this election. Still, Michigan has to respond to the complaint by 3 p.m. on December 9.

Republican legislators across the country — including here in Michigan — have held hearings looking for instances of voter fraud and coming up empty. 

“I really think folks should sort of not read too much into these headlines besides another highly visible Republican official trying to make very publicly clear his support for the President’s increasingly disproven election theft claims,” Vladeck says. 

Joe Biden won the popular vote in Michigan over Donald Trump by 154,000 votes. Inauguration Day is Wednesday, January 20, 2021.

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Author

  • Russ McNamara
    Russ McNamara is the host of All Things Considered for 101.9 WDET, presenting local news to the station’s loyal listeners. He's been an avid listener of WDET since he moved to metro Detroit in 2002.