Radio Recap – ANY MOMENT: SCOTUS Action on Texas Case


Jordan Sekulow

December 11, 2020

3 min read

Election Law



The Supreme Court could take action at any moment in the Texas case that could determine the outcome of the presidential election.

On today’s Jay Sekulow Live, we discussed the potentially imminent action that will be taken by the U.S. Supreme Court on the Texas lawsuit. That lawsuit may ultimately put the fate of the presidential election in the hands of four state legislatures.

This morning Texas put in their reply brief. Six states have filed motions to intervene on behalf of Texas. That’s Arkansas, Louisiana, Mississippi, Missouri, South Carolina, and Utah. They want to intervene as parties. Those six states all filed amicus briefs as well, along with eleven other states. There are two states, Ohio and Arizona, which filed briefs which stated this brief needs to be heard by the Supreme Court. They didn’t write briefs on the merits.

Then you’ve got 106 members of Congress that have filed an amicus brief backing the Texas lawsuit.

On the opposing side, of course you have defendants Pennsylvania, Wisconsin, Michigan, and Georgia filing their reply briefs. In addition, you have twenty states, two territories, and the District of Columbia filing amicus briefs opposing the position taken by Texas in the lawsuit.

This is clearly a very serious case at the U.S. Supreme Court. You have the vast majority of the states in the country weighing in on this case. Even U.S. territories are weighing in. Given all this, the action from the U.S. Supreme Court could happen at any moment. It could come through an order or a specific statement. They could call for more briefing. They could call for oral arguments. Given that they do have all the needed documentation, they could conceivably just rule on the case at any moment as well.

They don’t have to call for oral arguments or additional briefing. They don’t have to allow for additional amicus briefs. This decision by the U.S. Supreme Court can be made without requesting additional information.

The U.S. Supreme Court is the court of last resort. It is the final place you can go to make your case. As we’ve consistently said, this is the single most important case this sitting court has faced because it is outcome determinative. Now we are awaiting imminent action.

We’ll continue to keep you updated on this critically important case, as it has the very real capacity to alter the course of the presidential election.

The full broadcast is complete with much more discussion by our team of when the U.S. Supreme Court may act on the Texas lawsuit, as well as what they may do.

Watch the full broadcast below.