Radio Recap – Breaking: SCOTUS Orders Response to Texas Lawsuit


Jordan Sekulow

December 9, 2020

3 min read

Election Law



The U.S. Supreme Court has given the four states being sued by Texas until 3 p.m. tomorrow to respond to the election lawsuit.

On today’s Jay Sekulow Live, we discussed the breaking news that the Supreme Court ordered the four states named in the suit by Texas – Georgia, Wisconsin, Pennsylvania, and Michigan – until 3 p.m. tomorrow to respond to the allegations that they violated the law and the Constitution in how they conducted the election.

They have to respond to the bill of complaint, a motion for preliminary injunction, a temporary restraining order, or alternatively, a stay that has been requested.

We also have heard from other states’ attorneys general as well about their interest in getting involved in this: Missouri, Alabama, and Louisiana. Arkansas has said they will be joining the lawsuit. And there are many other states that have expressed support and are considering how to get involved in this lawsuit.

Last night the Supreme Court of the United States issued this order:

Response to the motion for leave to file a bill of complaint and to the motion for a preliminary injunction and temporary restraining order or, alternatively, for stay and administrative stay requested, due Thursday, December 10, by 3 pm.

My dad, Jay Sekulow, talked about the status of the case:

So what’s happened is this, the case was filed by Ken Paxton, the Attorney General for the state of Texas. It sued Pennsylvania, Georgia, Michigan, and Wisconsin and basically asserted that because the way the elections were handled in those states, it effectively diluted the value of the electors in their state, the state of Texas.

We had two hurdles yesterday. One is you want to make sure the case gets docketed. That was something we were looking at and the case has been docketed.

ACLJ Senior Counsel Andy Ekonomou talked about the importance of the case being docketed:

It’s been docketed, given a docketing number. For those who want to follow its docket number 220115. That means that the Court at least gave it the imprimatur of legitimacy in thinking that it was a docketable case, that it is one worthy of hearing. They turned around and ordered a briefing schedule by three o’clock tomorrow in response to be given to the allegations made by Texas.

With that 3 p.m. tomorrow deadline for a response, we could see determinative action from the U.S. Supreme Court as early as Friday. We’ll continue to monitor this for our audience and bring you our analysis as it develops.

The full broadcast is complete with much more discussion by our team of the Texas election lawsuit and how it is developing.

Watch the full broadcast below.