Texas argues that such acts contravened the electors clause of the Constitution that gives state legislatures the power to determine the manner of selecting electors. And in some instances, it might be correct. But the answer is not for the Supreme Court, at the urging of one state a month after the election, to reverse the duly certified election results in four other states. This would be a grotesque violation of federalism and our constitutional scheme, not to mention democracy. There is a proper, but limited, role for the federal courts in election cases: They can rein in violations of federal law based on evidence that the violation was large enough to affect the outcome. They do not have a free-floating mandate to oversee state election procedures.
It’s not too much to say Texas wants the Supreme Court to betray the U.S. constitutional order in a purported effort to save it.
That 17 other Republican states have filed a brief supporting Texas — and so have over 100 Republican members of the House — is a symptom of how far down the rabbit hole Trump has led the GOP in his election challenge. He’s no longer simply seeking his day in court, but explicitly trying to get the Court to overturn the election. The Supreme Court can’t dismiss this suit fast enough.
