I have trouble seeing how Texas has any standing here. Texas was able to appoint its electors. If PA appoints its electors as a result of the winner of a rooster fight, or plays “one potato, two potato” or says that only white male property owners over 21 can vote for president, Texas still has appointed its full slate and has no injury. Now, a PA citizen may have a complaint (definitely with the last one), but not Texas.
So… fishing for a pardon?
Yeah, I don’t get it. Texas choses and appoints its electors as their legislature provided. The swing states choose and appoint their Electors each as its legislature provided. As for equal protection, why, the laws of Texas applied equally to all Texans, the laws of Pennsylvania applied equally to all Pennsylvanians. If the laws of Pennsylvania didn’t, it’s disgruntled Pennsylvanians who should complain, and they already have (though with little to with no success).
Texas is perfectly free to try to start a reverse/mirror image of the Interstate Popular Vote Compact where all states commit to impose on their voters and Electors the same restrictions and requirements as Texas does. See where that gets them.
They did just pack the court; or thought they did.
Doesn’t seem to have worked; see the PA decision. (At least, not on that issue.)
Or they may reject it on the grounds that Texas has no standing to intervene in how other states run their elections.
Or they may, as they did with the Pennsylvania suit, simply refuse to hear it in one sentence, without giving reasons or roll call. I’d place a (quite small, I’m broke) bet on this option.
I would actually like to see them strike it down in more concrete terms - one sentence rulings are nice, but this time we actually need a bit more meat on the bone.
I would like to see them refuse to hear it while stating that the decision was 9 - 0, that Texas has no business trying to cancel democracy, and including clear instructions not to bring them any more absurd lawsuits with no basis to them. I suspect they’re not going to do it that way (though I will laugh if they do.)
Bit of a sidebar here, but “shall” can actually be a very tricky word to parse in legal interpretation. It can and often does mean that the subject “must” or “is required to” do something. But it can also be used to specify that the subject alone has the authority (but not necessarily an obligation), to do something – e.g. "Each State (as opposed to some other authority) shall appoint . . " Black’s Law Dictionary lists separate five meanings for “shall.”
Not that I think Paxton’s position has any legitimacy at all. But I almost wish the Court would grant cert just to witness how far in knots he ties himself.
A 5-3-1- majority in SCOTUS is most certainly not packing the court.
Then what could be considered “packing the court” in your opinion?
Trump ‘intervenes’-
“MOTION OF DONALD J. TRUMP, PRESIDENT OF THE UNITED STATES, TO INTERVENE IN HIS PERSONAL CAPACITY AS CANDIDATE FOR RE-ELECTION, PROPOSED BILL OF COMPLAINT IN INTERVENTION, AND BRIEF IN SUPPORT OF MOTION TO INTERVENE”
Something like a 10-4 or 50-4 majority would be. But I am starting to derail the thread so I’ll stop here.
Can’t the Court just ignore it until after Biden is sworn in?
I just read thru a portion of Trump’s intervention - it reads as mostly ‘wha wha I shoulda won and the other guys cheated’ - its truly pathetic.
This motion, https://www.supremecourt.gov/DocketPDF/22/22O155/163237/20201209155924009_2020-12-9%20Texas%20Scotus%20Amici%20Brief-%20FINAL.pdf , however - reads quite well.
I truly hope SCOTUS actually writes up something here.
Seventeen other states have, through their attorneys general, expressed support for Texas’s suit.
That’s a shame. It’s no secret that I am not a Biden supporter and I voted for Trump. But this is a ridiculous legal position to take and the Republican AGs of those states should be embarrassed. I hope it loses 9-0.
Even if it was proven (which it has not been) that there was rampant electoral fraud in each of these states, no possibly remedy would be available that would not be truly revolutionary and provide courts with the power to overrule democracy in presidential elections.
It’s like some people on my side don’t know how to lose. Shit, in my political lifetime, I lost in 92, 96, 06, 08, and 12. I’ve won in 94, 00, 02, 04, 10, 14, and 16. You win some and you lose some. Shake hands (if that was allowed) and move on. Retool your message.
What about him impressed you?
Actually I think the court should grant the intervention. Unless you decide that after deciding standing, because I think the case should be thrown out for lack of standing.
~Max
I think I agree with you -
Personally, I think that the best thing they could do is refuse to hear it, because Texas has no standing, and have that delivered by Justice Kavanaugh or Justice Barrett.
That might hammer home to Trump that it’s well and truly over.
His hyper-masculine whining and complaining. His manly pettiness. His robustly macho name-calling.