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Is There Anything We Can Read Into The Supreme Court s Order Dismissing Texas Complaint?

The short answer is “not much.” The Court provided no meaningful guidance on whether it had any views on the substance of the allegations made by Texas against Pennsylvania, Georgia, Wisconsin, and Michigan.  Nor did it suggest who, if not Texas, might have a basis to assert violations of the “Electors Clause” by state and local officials. The Order stated that Texas lacked standing, but unlike the circumstances in lower court decisions, it is not necessary for the Supreme Court to provide a reason for its conclusion in this regard.  Lower courts do so because their decision is subject to review and appeal to a higher court by the litigants.  Since that is not possible with a decision from the Supreme Court, there is no need for them to explain the “why” behind their decision and they did not.

Two Supreme Court Justices Are of the View the Court MUST Hear Cases Involving Disputes Between States -- Are There Three Others?

(AP Photo/Pablo Martinez Monsivais) Four years ago, Nebraska filed a motion in the Supreme Court seeking permission to file a complaint against Colorado over issues involving Colorado’s passage of legislation that legalized the recreational use of marijuana in contravention of federal law.  Nebraska alleged that its interests as a state were harmed by that legislation. The Supreme Court denied the motion. Justice Clarence Thomas dissented from the denial, and he was joined in his dissent by Justice Samuel Alito. Chief Justice Roberts, and Justices Scalia, Kennedy, Breyer, Ginsburg, Kagan, and Sotomayor were together in denying the motion. Justices Scalia, Kennedy, and Ginsburg are no longer on the Court.

SCOTUS showdown: Ohio opposes Texas -- on remedies; six states move to join lawsuit; Update: PA says suit seditious abuse of the judicial process

× SCOTUS showdown: Ohio opposes Texas on remedies; six states move to join lawsuit; Update: PA says suit “seditious abuse of the judicial process” Share on Facebook Share on Twitter SCOTUS showdown: Ohio opposes Texas on remedies; six states move to join lawsuit; Update: PA says suit “seditious abuse of the judicial process” Ed MorrisseyPosted at 2:13 pm on December 10, 2020 Share on Facebook Share on Twitter In about an hour, the Supreme Court’s deadline for submitting motions and amici briefs in  Texas v PA et al will expire. After that, the vigil starts. Will the court even bother to take up the case at all, delivering a single-line order dismissing it? Or will they feel compelled to consider it and with it the prospect of changing the results of the election?

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