Montana Files Brief Supporting Texas Election Lawsuit
Today, Montana and 16 other states filed an amicus brief with the U.S. Supreme Court in the case State of Texas v. Commonwealth of Pennsylvania, State of Georgia, State of Michigan and State of Wisconsin. Supporting Texas, Montana is urging the court to accept the case.
“While the odds of the U.S. Supreme Court accepting Texas’s belated lawsuit against Georgia, Michigan, Pennsylvania, and Wisconsin are slim at best, the case raises important constitutional questions about the separation of powers and the integrity of mail-in ballots in those defendant states,” Attorney General Tim Fox said. “For that reason, Montana and 16 other states have filed an amicus brief supporting Texas to encourage the nation’s highest court to address these concerns and bring much-needed finality to this election.”
The amicus (friend of the court) brief argues that:
1. Only laws enacted by state legislatures can establish “the times, places and manner of holding elections for Senators and Representatives.”
2. This law applies to the selection of presidential electors.
3. Non-legislative actors in each of the defendant states (Pennsylvania, Georgia, Michigan, Wisconsin) encroached on the election authority of the legislatures, violating the separation of powers.
4. This violation of the Constitution’s separation of powers undermines the liberty of all Americans.
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