Radio Recap – BREAKING: President Trump and 18 States File at Supreme Court


Jay Sekulow

December 10, 2020

3 min read

Election Law



The President has filed to intervene at the Supreme Court, and 18 states have filed briefs in support of Texas’ major lawsuit over the integrity of the election and in defense of the Constitution.

On today’s Jay Sekulow Live, we cover the breaking news that President Trump joined 18 states in filing in the massive Texas lawsuit at the Supreme Court. This lawsuit is a case of original jurisdiction and alleges that four states violated the Constitution and the law in conducting the election.

The President of the United States has filed a motion to intervene at the Supreme Court in the case against Pennsylvania, Wisconsin, Michigan, and Georgia. You will remember that we talked about that case yesterday. In addition to that, many more additional states have filed briefs in support of Texas. This case has changed drastically over the last 24 hours.

ACLJ Senior Counsel Andy Ekonomou made the following point about the current state of the Texas case:

This is now a very serious piece of litigation. Now, it is a piece of litigation that has garnered national attention. We have, I think, with the 18 states that have come into this case now, a substantial number of jurisdictions who are supporting the position of Texas that the choice of electors in the jurisdictions that are named as defendants was in violation of the state laws pertaining to how you choose presidential electors; and therefore, it diluted the vote of Texas. And therefore, it violated the equal protection of the laws.

So now we have along with Texas: Missouri, Alabama, Arkansas, Arizona, Florida, Indiana, Kansas, Louisiana, Mississippi, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, and West Virginia. Late last night Arizona filed a motion for leave to come in to assert substantially similar arguments, but to really urge the Supreme Court of the United States not to simply exercise its jurisdiction but to exercise it in fact, mandatory, and to come into this case and to solve the national chaos that has ensued. So it’s a very important piece of litigation. I think it’s not really being focused on in the national media as it should be because it is, and could be, outcome determinative.

If in fact they take the case, and grant jurisdiction, at that point the case is outcome determinative. The Supreme Court wouldn’t pick the winner of the presidential election, but granting or not granting of the relief sought is outcome determinative.

This is all moving very quickly and we’ll continue to keep you apprised of all the latest developments.

The full broadcast is complete with much more discussion by our team of the additional states that have joined the Texas lawsuit, President Trump’s intervention filing, and what that all means for the presidential election.

Watch the full broadcast below.