It could be that one of the few remaining legal challenges to the 2020 presidential election results that appear to show Joe Biden winning still has a chance of succeeding, though without a doubt the clock is running out.
That includes a new legal challenge from the Amistad Project of the Thomas More Society.
The group filed suit last week in federal court to block the counting of electoral votes from several battleground states when Congress meets in joint session to do just that Jan. 6.
The suit argues that the state legislatures from Arizona, Georgia, Pennsylvania, Michigan, and Wisconsin were not allowed to exercise their power under the Constitution to certify electors’ votes that were cast on Dec. 14. The suit argues that several federal and state laws unconstitutionally delegated the authority of those legislatures to certify votes to state executive and judicial branches.
The suit further argues that Article 2 of the Constitution does not authorize state legislatures to delegate their power to choose electors to state executive branch officials as a ministerial duty, The Epoch times reported.
The outlet has more:
“There are textual and structural arguments for these state statutes being unconstitutional,” the group wrote in their lawsuit. They argue that the state laws are an “unconstitutional delegation of the state legislative prerogatives of post-election certifications of Presidential votes and of Presidential electors.”
The lawsuit also argues that state legislatures, many of which are adjourned until January 2021, are also being prevented from meeting to perform their post-election certification duty. In order to conduct a special legislative session, a supermajority or a governor must agree that legislators should meet. However, the group said the governors from these states are preventing the state legislatures from doing so.
“The very body that is responsible for how these electors are selected, can’t even meet after the election, up through January. So that’s unconstitutional, in that it’s a delegation of authority to a governor of a legislative function. That is not allowed,” Phil Kline, director of the Amistad Project, told The Epoch Times.
He also noted that state executive branch officials — all Democrats — have actually been hostile to GOP-controlled legislatures.
“That’s stunning to me. That type of intimidation and threat should never happen in America, from the state or chief law enforcement officer,” Kline added.
The suit also seeks to prevent Vice President Mike Pence from counting the electors from the aforementioned states until legislators therein are able to meet and certify their own slate of electors.
“Based on this legal background, Plaintiffs claim, under the Article II, that if there is no state legislative post-election certifications of Presidential votes and of Presidential electors in the Defendant States, then those Defendant States’ Presidential electors votes, not so certified, cannot be counted by the federal Defendants for President and Vice President under Article II,” the lawsuit states.
Again, there isn’t any indication that this latest legal effort will be anything more than a Hail Mary pass at this point. But this suit, and many like it, are bringing up substantial constitutional issues that, if they’re not addressed, will mean the end of our republic as founded.