Montana joins Texas election lawsuit seeking to overturn Biden win

Posted at 10:53 AM, Dec 10, 2020

HELENA — On Wednesday, 17 states -- including Montana -- asked the U.S. Supreme Court to accept a new lawsuit that is attempting to invalidate Democrat Joe Biden’s electoral victory in four key states.

Montana Attorney General Tim Fox says the odds of the high court accepting the late lawsuit filed by Texas are “slim at best.”

But the Republican AG says the case raises “important constitutional questions” about the integrity of mail-in ballots in Georgia, Wisconsin, Pennsylvania and Michigan.

The suit filed this week by Texas Attorney General Ken Paxton states the 62 electoral votes from those states should be invalidated, thus giving the presidency to Donald Trump.

All 17 states asking the Supreme Court to take the case have Republican attorneys general.

Many legal experts across the country have said the Texas lawsuit is without merit and that Texas doesn’t even have standing to challenge votes in other states.

The filing joined by Montana was written by Missouri Attorney General Eric Schmitt.

Here's the press release from the Montana Attorney General's Office:

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.

View or download the amicus brief here [].