Read this. https://t.co/LMDjw8Xm5X
— Jenna Ellis (@JennaEllisEsq) December 24, 2020
Renowned constitutional lawyers William Olsen and Patrick McSweeney have written a new legal memo outlining how the Trump administration can compel the U.S. Supreme Court to hear its case on election fraud.
Olsen and McSweeney published their legal memo in The Western Journal. They write in part:
The Supreme Court declined to hear the challenge brought by the State of Texas against four states which had refused to abide by Article II, § 1, cl. 2 — the Presidential Electors Clause, which establishes the conditions and requirements governing the election of the President of the United States. In adopting that provision, the Framers vested in each State legislature the exclusive authority to determine the manner of appointing Presidential electors. The Framers’ plan was shown to be exceedingly wise, because we have now learned that allowing other state and private actors to write the election rules led to massive election fraud in the four defendant states. Individuals can be bought, paid for and corrupted so much easier than state legislatures.
The only reason given by the Supreme Court was: “Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its election.” In truth, Texas did make such a showing. When Pennsylvania violated the exclusive authority bestowed on state legislators in the Constitution’s Electors Clause, it opened the door to corruption and foreign intrigue to corrupt the electoral votes of Pennsylvania, and as Alexander Hamilton explained in Federalist 68, that is exactly why the Framers created the Electoral College. During the 2020 election cycle, changes to the election process in Pennsylvania were made by judges, state office holders and election officials which would never have been made by its state legislature.
If the process by which Presidential Electors are chosen is corrupted in a few key states, like Pennsylvania, Georgia, Michigan and Wisconsin by rigging the system in favor of one candidate, it becomes wholly irrelevant who the People of Texas support. That political reality presents a real “judicially cognizable interest” no matter what the Supreme Court decided. What happens in Pennsylvania does not stay in Pennsylvania, as electors from all States acting together select the President of the United States.
A strategy exists to re-submit the Texas challenge under the Electors Clause to the Supreme Court in a way that even that Court could not dare refuse to consider. Just because Texas did not persuade the Justices that what happens in Pennsylvania hurts Texas does not mean that the United States of America could not persuade the justices that when Pennsylvania violates the U.S. Constitution, it harms the nation. Article III, § 2, cl. 2 confers original jurisdiction on the Supreme Court in any case suit brought by the United States against a state. Thus, the United States can and should file suit against Pennsylvania, Georgia, Michigan and Wisconsin. Like the Texas suit, that new suit would seek an order invalidating the appointment of the electors appointed by those four defendant States that refused to abide by the terms of the Presidential Electors Clause. That would leave it to the state legislatures in those four states to “appoint” electors — which is what the Constitution requires.
The United States has a vital interest and a responsibility to preserve the constitutional framework of the Republic, which was formed by a voluntary compact among the States. As with any contractual relationship of participants in an ongoing enterprise, no party is entitled to ignore or alter the essential terms of the contract by its unilateral action.
Read the memo in its entirety here.