Breaking news: Montana and 16 other states are now teaming up with Texas in calling on the US Supreme Court to accept a case challenging the presidential election results in several key battleground states.

According to a press release from Montana Attorney General Tim Fox (R-MT):

The amicus (friend of the court) brief argues that:

  1. Only laws enacted by state legislatures can establish "the times, places and manner of holding elections for Senators and Representatives."

  2. This law applies to the selection of presidential electors.

  3. Non-legislative actors in each of the defendant states (Pennsylvania, Georgia, Michigan, Wisconsin) encroached on the election authority of the legislatures, violating the separation of powers.

  4. This violation of the Constitution's separation of powers undermines the liberty of all Americans.

While supporting the case moving forward, AG Fox did express some skepticism in his comments:

"While the odds of the U.S. Supreme Court accepting Texas's belated lawsuit against Georgia, Michigan, Pennsylvania, and Wisconsin are slim at best, the case raises important constitutional questions about the separation of powers and the integrity of mail-in ballots in those defendant states," Attorney General Tim Fox said. "For that reason, Montana and 16 other states have filed an amicus brief supporting Texas to encourage the nation's highest court to address these concerns and bring much-needed finality to this election."

Click here to view the amicus brief in full.

All morning Wednesday, I was getting phone calls, emails, Tweets, and more- all saying the same thing: Montanans need to call on Attorney General Tim Fox (R-MT) to stand with Texas and the lawsuit challenging the election certification in several key battleground states.

Here's a couple of the tweets I got Wednesday AM:


What is the Texas case all about? has had the best coverage I've spotted so far. While liberal Constitutional law professor Alan Dershowitz offers a more sobering view of how the Supreme Court may rule on these election challenges. Jordan Sekulow with the Trump legal team says the Texas case is the "be-all, end-all case" for President Trump's efforts:

"The Supreme Court is not just considering what Texas has filed [Tuesday], they are now going the next step, which is to say, 'We want a response from the states named,'" Sekulow told Tuesday's "Stinchfield," referring to four battleground states Pennsylvania, Georgia, Michigan, and Wisconsin.




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