On Dec. 9 the news media reported that Kansas and Missouri were among the 17 states that joined Texas in a lawsuit presented to the Supreme Court challenging the presidential election in four states.

The question is WHY, and under whose authority was this done?

The background: Texas appealed to the U.S. Supreme Court to hear its challenge to election procedures in Michigan, Pennsylvania, Wisconsin and Georgia that Texas says differed from the requirements of those states’ statutes.

“From the brief, it looks like a fella begging for a pardon filed a PR stunt rather than a lawsuit — as all of its assertions have already been rejected by federal courts and Texas’ own solicitor general isn’t signing on,” Nebraska Republican Senator Ben Sasse, one of the few GOP lawmakers to acknowledge Biden’s victory, said in a statement Thursday (Wichita Eagle Dec. 12, 2020).

Kansas representatives Ron Estes and Roger Marshall joined Missouri representatives Sam Graves, Blaine Leutkemeyer, Jason Smith, and Ann Wagner who signed on to the amicus brief filed with the U.S. Supreme Court. They joined seventeen Republican attorneys general and 121 other members of Congress and President Trump in urging the Supreme Court to throw out millions of votes in four battleground states based on claims of fraud — claims not supported by any evidence.

Frankly, we were embarrassed to learn that our states were included in this questionable (we are being charitable here) lawsuit. It is apparent that Attorneys General Derek Schmidt (Kan.) and Eric Schmitt (MO.) were acting on their own to engage our states in the Texas lawsuit that — even to a private citizen — has questionable merit. The same can be said of our members of Congress who supported the lawsuit

There are two reasons the Texas claim is questionable: (1) The U. S. Constitution gives states the sole power to conduct elections, and (2) the Kansas and Missouri Attorneys Generals’ responsibilities are limited to their respective states. Why are they meddling with the elections in other states?

Article 1, Section 4 of the United States Constitution states: “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof . . . ” The same applies to all federal elections.

The Tenth Amendment to the U. S. Constitution clearly provides individual states the authority to govern their own affairs: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” There is no provision for one state to govern another.

Each state’s government sets its election laws, and each of the states listed in the Texas lawsuit independently declared that their elections followed their laws and procedures and noted no irregularities despite court challenges in each of them.

The job of the state Attorney General is to serve their state — not other states. While the Kansas Attorney General’s role is not defined in detail in the Kansas Constitution, the current website outlines the job of the AG: “The Office of the Attorney General is established by the Kansas Constitution. As the state’s chief legal officer and top law enforcement official, the Attorney General performs a range of duties as prescribed by state law and legal precedents.” (https://ag.ks.gov/about-the-office)

The Kansas Attorney General’s office on Dec. 11 issued the following press release justifying Derek Schmidt’s decision: “As I said Wednesday, Kansas filed a brief in this case, as we have in others, seeking an answer to an important and potentially recurring federal constitutional question involving the role of states in federal elections. My office also received more than 15,000 calls and emails urging us to ask the Supreme Court to hear the Texas arguments. Today the Supreme Court decided not to become involved in the 2020 election, and the Court’s decision means it is time to put this election behind us.”

In other words, the brief he filed was a waste of time, and as “the state’s chief legal officer and top law enforcement official,” Mr. Schmidt, all attorneys general, and elected officials should be guided by their knowledge of the U.S. Constitution, their state constitutions, and the laws in their states — not by the enticement of political opportunity.

The way we hold these elected officials accountable is through our vote.

(11) comments

sail

Going to be a very historic month. Can’t wait to Experience the state of the union in our very divided country.

Aim_High

Especially with Loeffler and Perdue about to lose the Senate race this coming Tuesday... over 3 million people have already voted... very bad news for Republicans! I think Republicans could have won but Mitch being an obstructionist is going to make just enough Republicans either stay home or vote against their party in order to get some help.

Rationa1

Don't count ballots before they're cast, Aim. I admire the hopefulness, but you know the process better than most: ballots cast, ballots counted, recounts requested/ conducted, results certified.... Me, I'm waiting for the certification. Leader McConnell's reticence to make deals likely has an effect, but the situation is so fluid it is difficult to say what will happen in Georgia this week.

Aim_High

Looks like we have a recording of Trump pressuring Georgia Secretary of State Raffensperger to "recalculate" the Georgia vote count because "I just want to find 11,780 votes"

Conservatives are more concerned about the call being recorded than an attempted attack on our democracy. Sad!

Aim_High

I wonder why when Bernie suggests $2000 stimulus checks it's socialism, but when Trump suggests $2000 stimulus checks it's "doing the right thing".

Hollowed Ground

Trump's behavior in his final days parallels that of Hitler in his final days in ways aplenty. Both confine themselves to bunkers of one type or another. Both associate only with a small group of obsequious die hards. Both turn on their supporters and blame them for their failure. Hitler shot generals; Trump fires former loyalists and pardons cronies. Both believe in imaginary reversals. Hitler moved imaginary armies around the map and ordered them to reverse Russian gains; Trump orders lawyers to chase an imaginary election reversal by ordering them to abuse courts through absurd filings. The way Trump has adhered to Russia, aided it in election interference and let it hack our government and blame China is beyond treason. Lock him up!

Aim_High

Derek Schmidt signed with the others because he's scared. Like the other AG's, he has no spine and fears being bullied by Trump and his brainwashed supporters. Just look at the amount of flags these people were attaching to their vehicles... completely insane. It's nice to see Biden/Harris flags come out again, the one with 50 stars and 13 stripes... and it's nice to not have to see Old Glory flown next to flags with a snake/swastika/confederate/MAGA/Blue Line etc...

If Derek didn't sign he would have faced huge backlash from his own party. Hopefully they are all held accountable in the next election. Kansas had no standing to challenge another states election, especially with zero proof, and as AG he should have known better. Time for Kansas to elect someone smarter and willing to stand up to a bully.

burn'n daylight

Aim kinda high, maybe cause they could actually see how the democrats have stolen its election. Hopefully the windows in the democrat states are still boarded up, cause when this election is overturned cause of the cheating that went on, the dems are going to go nuts again, till Mr Trump calls for military help. And throw the destroyers in prison... Happy thought, uh...

Aim_High

^^ Case in point, brainwashed to believe whatever Trump says... sad! Nobody stole the election... lol. Republican lawyers have taken their "evidence" to Republican courts and lost 30+ times. The military isn't going to help Trump overthrow our democracy either... the majority of the military voted for Biden, along with 80+ million American voters. I know it's a hard pill to swallow, but Biden will be your President. What were Republicans saying after 2016? Something like "Respect the office, if not the man." Time to grow up and accept the fact that your guy lost. Probably because people didn't fly enough Trump flags, lol.

Hollowed Ground

Don't be too sure about the military not stepping in. I don't trust the brass. If they get an order on Jan.19 to halt the inauguration I am not sure they won't act and put tanks around the Capitol. Flynn is a good example of military minds and he has a lot of friends in charge of a lot of weapons.

Hollowed Ground

Time to throw all those AGs including Schmidt in jail and revoke their licenses.

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