The state of Missouri along with 16 other states, filed an amicis curiae brief, backing that State of Texas’ lawsuit against Pennsylvania, Georgia, Michigan, and Wisconsin.
What’s an amicis curiae?
Via Legal Dictionary:
Literally, friend of the court. A person with strong interest in or views on the subject matter of an action, but not a party to the action, may petition the court for permission to file a brief, ostensibly on behalf of a party but actually to suggest a rationale consistent with its own views. Such amicus curiae briefs are commonly filed in appeals concerning matters of a broad public interest; e.g., civil rights casesThey may be filed by private persons or the government. In appeals to the U.S. courts of appeals, an amicus brief may be filed only if accompanied by written consent of all parties, or by leave of court granted on motion or at the request of the court, except that consent or leave shall not be required when the brief is presented by the United States or an officer or agency thereof.
What does this mean in the on-going election legal battle?
17 more states have agreed with Texas, that new non-legislative election/voting procedures in Pennsylvania, Georgia, Michigan, and Wisconsin violated the elector’s clause of the Constitution.
Here’s how an anon attorney explained the issues at play:
1. Constitutionally, state legislatures have the sole power to set up procedures to appoint electors. But this election, actors other than the legislatures set up the procedures, which violated that constitutional grant.
2. Those procedures treated urban Democrat votes in those states more favorably than other votes, violating basic constitutional norms.
3. Fraud occurred exactly as expected and predicted, in accordance with these non-legislative new procedures.
4. All of these flaws violate equal protection and Bush v. Gore rules.
5. The irregularities swing the election.
So you’re saying there’s a chance?
If you’d like to read Missouri’s brief yourself, here you go!