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Opinion
Noah Feldman

Texas AG Asks the Supreme Court for a Coup

Ken Paxton and Donald Trump have a bizarre view of justice.

Attorney General of Texas Ken Paxton and his lost cause. 

Attorney General of Texas Ken Paxton and his lost cause. 

Photographer: Nicholas Kamm/AFP/Getty Images

Texas has filed an application to the Supreme Court to initiate a lawsuit against Pennsylvania, Michigan, Wisconsin and Georgia — four swing states that Joe Biden won in the presidential election. The lawsuit is a piece of theater, not a credible legal strategy.

The lawsuit exploits a quirk in the Constitution that allows a state to sue another state directly in the Supreme Court, without starting in the lower courts. That gives the justices an opportunity to weigh in, in the event that any of them chooses to do so.