December 8, 2020
Update (1705ET):Louisiana just joined Texas in the SCOTUS Motion against Georgia, Michigan, Pennsylvania and Wisconsin on the grounds that various changes to their voting rules or procedures – either through the courts or via executive actions – violated the Electors Clause of the Constitution because they did not go through the legislatures.
Attorney General Jeff Landry issued the following statement regarding the ongoing controversies over the 2020 federal election and the new motion put forward by the State of Texas before the U.S. Supreme Court:
“Millions of Louisiana citizens, and tens of millions of our fellow citizens in the country, have deep concerns regarding the conduct of the 2020 federal elections. Deeply rooted in these concerns is the fact that some states appear to have conducted their elections with a disregard to the U.S. Constitution. Furthermore, many Louisianans have become more frustrated as some in media and the political class try to sidestep legitimate issues for the sake of expediency.
Weeks ago, on behalf of the citizens of Louisiana, my office joined many other states in filing a legal brief with the United States Supreme Court urging the Justices to look into the conduct of the election in Pennsylvania where their state court ignored the U.S. Constitution in regard to the conduct of the election. The U.S. Constitution in Article 1, Section 4, states plainly:
“The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature …”
The power for the conduct of federal elections is held by the State Legislatures in each state. In states like Pennsylvania, the judicial branch attempted to seize control of these duties and obligations and to set their own rules. These actions appear to be unconstitutional. If it is unconstitutional for Pennsylvania to take this action, it is similarly unconstitutional for other states to have done the same.