Update (2005ET): Trump campaign lawyer Jenna Ellis attempted to minimize the significance of the Supreme Court order, saying the underlying appeal by the Kelly and the other lawmakers was still pending.
“The Supreme Court only denied emergency injunctive relief,” she tweeted.
However, George Washington University Law Professor and Fox News contributor Jonathan Turleysaid Tuesday that President Trump and his Republican allies are “running out of runway”.
“And at this point, to really make a difference, he would have to land a jumbo jet on a postage stamp. I mean, he does not have a lot of runway left. This was considered his strongest case for the Supreme Court and the court system has proven that it is independent in reviewing these claims.”
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Update (1705ET):Louisiana just joined Texas in the SCOTUS Motion against Georgia, Michigan, Pennsylvania and Wisconsin on the grounds that various changes to their voting rules or procedures – either through the courts or via executive actions – violated the Electors Clause of the Constitution because they did not go through the legislatures:
Attorney General Jeff Landry issued the following statement regarding the ongoing controversies over the 2020 federal election and the new motion put forward by the State of Texas before the U.S. Supreme Court:
“Millions of Louisiana citizens, and tens of millions of our fellow citizens in the country, have deep concerns regarding the conduct of the 2020 federal elections. Deeply rooted in these concerns is the fact that some states appear to have conducted their elections with a disregard to the U.S. Constitution. Furthermore, many Louisianans have become more frustrated as some in media and the political class try to sidestep legitimate issues for the sake of expediency.
Weeks ago, on behalf of the citizens of Louisiana, my office joined many other states in filing a legal brief with the United States Supreme Court urging the Justices to look into the conduct of the election in Pennsylvania where their state court ignored the U.S. Constitution in regard to the conduct of the election. The U.S. Constitution in Article 1, Section 4, states plainly:
“The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature …”
The power for the conduct of federal elections is held by the State Legislatures in each state. In states like Pennsylvania, the judicial branch attempted to seize control of these duties and obligations and to set their own rules. These actions appear to be unconstitutional. If it is unconstitutional for Pennsylvania to take this action, it is similarly unconstitutional for other states to have done the same.
Only the U.S. Supreme Court can ultimately decide cases of real controversy among the states under our Constitution. That is why the Justices should hear and decide the case which we have joined representing the citizens of Louisiana.
Furthermore, the U.S. Supreme Court should consider the most recent Texas motion, which contains some of the same arguments.
Louisiana citizens are damaged if elections in other states were conducted outside the confines of the Constitution while we obeyed the rules.”
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Update (1645ET): Just hours after the deadline for the petition’s deadline, The U.S. Supreme Court has rejected a request by Trump ally Mike Kelly, a Pennsylvania Republican, to nullify Joe Biden’s election victory in Pennsylvania.
Kelly argued that virtually all of the state’s mail-in ballots were unlawful.