# Texas Sues Non-Trump Voting States for . . . reasons?

**URL:** <https://boards.straightdope.com/t/texas-sues-non-trump-voting-states-for-reasons/927614>\
**Category:** Politics & Elections\
**Created:** [December 9, 2020, 2:33am UTC](https://boards.straightdope.com/t/texas-sues-non-trump-voting-states-for-reasons/927614 "2020-12-09T02:33:16Z")\
**Posts on this page:** 20\
**Page:** 13

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**Author:** ![flurb](https://avatars.discourse-cdn.com/v4/letter/f/51bf81/32.png) [@flurb](https://boards.straightdope.com/u/flurb)\
**Post date:** [December 12, 2020, 12:00am UTC](https://boards.straightdope.com/t/texas-sues-non-trump-voting-states-for-reasons/927614/241 "2020-12-12T00:00:59Z")

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Also notice that only Thomas and Alito said that the court should have taken up the case (without commenting on its substance). Not one of Donnie’s three justices joined that statement. Delicious.

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**Author:** ![Max\_S](https://avatars.discourse-cdn.com/v4/letter/m/46a35a/32.png) [@Max\_S](https://boards.straightdope.com/u/Max_S)\
**Post date:** [December 12, 2020, 12:01am UTC](https://boards.straightdope.com/t/texas-sues-non-trump-voting-states-for-reasons/927614/242 "2020-12-12T00:01:40Z")

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> [@k9bfriender](#):
>
> Article I does not say that apportionment happens only after the decennial census, that is in the legislation of the Reapportionment Act. And Amendment 14 doesn’t say anything about requiring a wait until the next census either.

I’m not sure how you’re reading it, but I’m comfortable just asserting that Article I requires Congress to reapportion once every ten years. If there’s a disagreement we don’t need to hash it out here, I think one debate-within-a-debate is enough.

> [@k9bfriender](#):
>
> I didn’t say anything about it invalidating the election.

I had assumed the hypothetical scenario has California suing Texas today - after the popular vote, after the safe harbor deadline - to _over_turn the election in Texas. Based on your post #168,

> > [@k9bfriender](#):
> >
> > Outside of that, I do not see how one state could claim to have standing over the way any other state performs its elections.

You appear to have since shifted to (or rather, conceded) a theory of standing based on Congressional inaction. At this point I think the hypothetical is no longer relevant to the topic at hand. If you want to continue by PM or in a separate topic I would be happy to oblige.

~Max

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**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\
**Post date:** [December 12, 2020, 12:06am UTC](https://boards.straightdope.com/t/texas-sues-non-trump-voting-states-for-reasons/927614/243 "2020-12-12T00:06:13Z")

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> [@flurb](#):
>
> Also notice that only Thomas and Alito said that the court should have taken up the case (without commenting on its substance). Not one of Donnie’s three justices joined that statement. Delicious.

Keep in mind that Thomas and Alito share a theory that in original jurisdiction cases between states, that the Constitution requires that they must accept the case. But they specifically said that they would not “grant other relief” such as the injunction that Texas requested. It was a 9-0

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**Author:** ![Max\_S](https://avatars.discourse-cdn.com/v4/letter/m/46a35a/32.png) [@Max\_S](https://boards.straightdope.com/u/Max_S)\
**Post date:** [December 12, 2020, 12:09am UTC](https://boards.straightdope.com/t/texas-sues-non-trump-voting-states-for-reasons/927614/244 "2020-12-12T00:09:58Z")

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> [@UltraVires](#):
>
> It was a 9-0

Just like President Trump promised when he nominated Judge Barrett!

~Max

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**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\
**Post date:** [December 12, 2020, 12:13am UTC](https://boards.straightdope.com/t/texas-sues-non-trump-voting-states-for-reasons/927614/245 "2020-12-12T00:13:59Z")

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Oh yea, the MAGA hat wearers are certain this is the one.

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**Author:** ![Chingon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chingon/32/17645_2.png) [@Chingon](https://boards.straightdope.com/u/Chingon)\
**Post date:** [December 12, 2020, 12:31am UTC](https://boards.straightdope.com/t/texas-sues-non-trump-voting-states-for-reasons/927614/246 "2020-12-12T00:31:58Z")

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> <https://twitter.com/adamkelsey/status/1337549501507264515?s=19>

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**Author:** ![eschrodinger](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/eschrodinger/32/122_2.png) [@eschrodinger](https://boards.straightdope.com/u/eschrodinger)\
**Post date:** [December 12, 2020, 12:35am UTC](https://boards.straightdope.com/t/texas-sues-non-trump-voting-states-for-reasons/927614/247 "2020-12-12T00:35:03Z")

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> [@Jas09](#):
>
> Oh no, there is still more. I think PA plans to file a writ of cert on the one that was shot down earlier in the week. And one of Lin Wood’s lawsuits is on the SCOTUS docket I think.

PA is certainly not going to seek cert. on the case they won. I assume you mean the plaintiffs in that case? If they haven’t filed yet, I wonder what they’re waiting for. Their already-nil chances don’t get any better after Monday.

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**Author:** ![gnarator](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gnarator/32/8266_2.png) [@gnarator](https://boards.straightdope.com/u/gnarator)\
**Post date:** [December 12, 2020, 12:37am UTC](https://boards.straightdope.com/t/texas-sues-non-trump-voting-states-for-reasons/927614/248 "2020-12-12T00:37:31Z")

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It basically reads as if someone wrote up Trump’s Twitter feed in a brief.

I’m glad the Supreme Court shot this down, but part of me wishes they had waited until Monday morning to keep litigants from filing even stupider lawsuits before the Electoral College meets, and to decrease the threat of “civil war” over the weekend.

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**Author:** ![Boycott](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/boycott/32/6741_2.png) [@Boycott](https://boards.straightdope.com/u/Boycott)\
**Post date:** [December 12, 2020, 12:37am UTC](https://boards.straightdope.com/t/texas-sues-non-trump-voting-states-for-reasons/927614/249 "2020-12-12T00:37:37Z")

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Threatening to break up the union to appease Donald fucking Trump.

The fact that a mass cult of personality has taken over half of America is terrible. The fact it has been built around him is a farce.

He’s been in the public eye for 40 years before politics and widely considered a joke for most of it. Even the people who love him now and would give their life for him probably despised him 15 years ago when he was a reality tv figure.

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**Author:** ![bobot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bobot/32/21622_2.png) [@bobot](https://boards.straightdope.com/u/bobot)\
**Post date:** [December 12, 2020, 12:44am UTC](https://boards.straightdope.com/t/texas-sues-non-trump-voting-states-for-reasons/927614/250 "2020-12-12T00:44:23Z")

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> [@Boycott](#):
>
> Threatening to break up the union to appease Donald fucking Trump.
> 
> The fact that a mass cult of personality has taken over half of America is terrible. The fact it has been built around him is a farce.

It is truly and without doubt deplorable. As are those who belong to it. Without doubt.

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**Author:** ![Maserschmidt](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/maserschmidt/32/18829_2.png) [@Maserschmidt](https://boards.straightdope.com/u/Maserschmidt)\
**Post date:** [December 12, 2020, 12:48am UTC](https://boards.straightdope.com/t/texas-sues-non-trump-voting-states-for-reasons/927614/251 "2020-12-12T00:48:15Z")

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Texas has been threatening succession since I grew up there, which was 50+ years ago. And I say God bless them, let them do it.

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**Author:** ![Jas09](https://avatars.discourse-cdn.com/v4/letter/j/d07c76/32.png) [@Jas09](https://boards.straightdope.com/u/Jas09)\
**Post date:** [December 12, 2020, 12:52am UTC](https://boards.straightdope.com/t/texas-sues-non-trump-voting-states-for-reasons/927614/252 "2020-12-12T00:52:35Z")

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> [@eschrodinger](#):
>
> PA is certainly not going to seek cert. on the case they won. I assume you mean the plaintiffs in that case?

Right. I believe there were some tweets from Rep Kelly and co. claiming they would be seeking cert after their request for an injunction was dismissed. But it is rather hard to tell the difference between grandstanding and court filings these days.

> **[Lawyer says U.S. Rep. Kelly will pursue voting case even after loss in U.S....](https://www.goerie.com/story/news/politics/elections/2020/12/09/us-rep-mike-kellys-lawyer-vows-press-election-case-despite-loss/6505561002/)**
>
> Congressman's lawyer said he will ask U.S. Supreme Court to hear election case in regular fashion, though court on Tuesday denied injunction request.

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**Author:** ![Boycott](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/boycott/32/6741_2.png) [@Boycott](https://boards.straightdope.com/u/Boycott)\
**Post date:** [December 12, 2020, 1:03am UTC](https://boards.straightdope.com/t/texas-sues-non-trump-voting-states-for-reasons/927614/253 "2020-12-12T01:03:10Z")

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On a sidenote some of the MAGA fanfic that Clarence Thomas would wage a 30 years in the making retribution against Joe Biden looks pretty hilarious now.

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**Author:** ![Euphonious\_Polemic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/euphonious_polemic/32/3002_2.png) [@Euphonious\_Polemic](https://boards.straightdope.com/u/Euphonious_Polemic)\
**Post date:** [December 12, 2020, 1:03am UTC](https://boards.straightdope.com/t/texas-sues-non-trump-voting-states-for-reasons/927614/254 "2020-12-12T01:03:11Z")

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> [@Maserschmidt](#):
>
> Texas has been threatening succession since I grew up there, which was 50+ years ago. And I say God bless them, let them do it.

And I hope they enjoy forming a union with those economic “powerhouse” states like North Dakota.

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**Author:** ![JRDelirious](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jrdelirious/32/9531_2.png) [@JRDelirious](https://boards.straightdope.com/u/JRDelirious)\
**Post date:** [December 12, 2020, 1:04am UTC](https://boards.straightdope.com/t/texas-sues-non-trump-voting-states-for-reasons/927614/255 "2020-12-12T01:04:17Z")

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> [@UltraVires](#):
>
> But they specifically said that they would not “grant other relief” such as the injunction that Texas requested. It was a 9-0

Yeah. No stopping the certifications, no stopping the electors from meeting, more of “all right, sure, we’ll hear what you have to say… but _you_ know _we_ know you’re bullshitting, don’t you?”

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<div class="post-metadata">

**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\
**Post date:** [December 12, 2020, 1:07am UTC](https://boards.straightdope.com/t/texas-sues-non-trump-voting-states-for-reasons/927614/256 "2020-12-12T01:07:04Z")

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> [@JRDelirious](#):
>
> Yeah. No stopping the certifications, no stopping the electors from meeting, more of “all right, sure, we’ll hear what you have to say… but _you_ know _we_ know you’re bullshitting, don’t you?”

Right. It’s an ultimate denial on the merits no matter what you call it because it is time sensitive. It’s like if I file suit to stop a building from being imploded on Monday and the judge denies an injunction. The judge has decided the case by refusing the injunction. It’s not like I can do anything on Tuesday with the building a heap of rubble.

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**Author:** ![DSeid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dseid/32/20194_2.png) [@DSeid](https://boards.straightdope.com/u/DSeid)\
**Post date:** [December 12, 2020, 1:12am UTC](https://boards.straightdope.com/t/texas-sues-non-trump-voting-states-for-reasons/927614/257 "2020-12-12T01:12:17Z")

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> [@eschrodinger](#):
>
> Supreme Court dismisses bid led by Texas attorney general to overturn the…

Wouldn’t it be funny if they succeeded seceding just one cycle before the demographic shift moved Texas into voting D? 🙂

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**Author:** ![Red\_Wiggler](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/red_wiggler/32/13190_2.png) [@Red\_Wiggler](https://boards.straightdope.com/u/Red_Wiggler)\
**Post date:** [December 12, 2020, 1:17am UTC](https://boards.straightdope.com/t/texas-sues-non-trump-voting-states-for-reasons/927614/258 "2020-12-12T01:17:40Z")

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It would indeed be ironic but the new Texas Republic will make sure that conservatives will govern the country no matter how badly they’re outnumbered by liberal types.

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**Author:** ![puzzlegal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/puzzlegal/32/3827_2.png) [@puzzlegal](https://boards.straightdope.com/u/puzzlegal)\
**Post date:** [December 12, 2020, 1:20am UTC](https://boards.straightdope.com/t/texas-sues-non-trump-voting-states-for-reasons/927614/259 "2020-12-12T01:20:16Z")

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> [@Maserschmidt](#):
>
> Texas has been threatening succession since I grew up there, which was 50+ years ago. And I say God bless them, let them do it.

I, for one, would be delighted if Texas seceded. Maybe they would stop putting pressure on US text book developers, among other virtues.

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**Author:** ![Maserschmidt](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/maserschmidt/32/18829_2.png) [@Maserschmidt](https://boards.straightdope.com/u/Maserschmidt)\
**Post date:** [December 12, 2020, 1:23am UTC](https://boards.straightdope.com/t/texas-sues-non-trump-voting-states-for-reasons/927614/260 "2020-12-12T01:23:19Z")

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Also, it’s kind of exciting to think that visiting my old friends would become visiting a foreign country!

[I just noticed that I misspelled secession, everything is voice to text and I just keep missing things like that]

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