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Houthi rebels' attack severely damages a Belize-flagged ship in key strait leading to the Red Sea (British Ship) Status: Not Logged In; Sign In United States News See other United States News Articles Title: Texas v. Pennsylvania, DISMISSED Lack of Standing Source: SCOTUS URL Source: https://www.supremecourt.gov/orders/courtorders/121120zr_p860.pdf Published: Dec 11, 2020 Author: SCOTUS Post Date: 2020-12-11 18:50:14 by nolu chan Keywords: None Views: 3579 Comments: 16 https://www.supremecourt.gov/orders/courtorders/121120zr_p860.pdf (ORDER LIST: 592 U.S. 155) FRIDAY, DECEMBER 11, 2020 ORDER IN PENDING CASE, ORIG. TEXAS V. PENNSYLVANIA, ET AL. The State of Texas’s motion for leave to file a bill of complaint is denied for lack of standing under Article III of the Constitution. Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections. All other pending motions are dismissed as moot.Statement of Justice Alito, with whom Justice Thomas joins: In my view, we do not have discretion to deny the filing of a bill of complaint in a case that falls within our original jurisdiction. See Arizona v. California, 589 U. S. ___ (Feb. 24, 2020) (Thomas, J., dissenting). I would therefore grant the motion to file the bill of complaint but would not grant other relief, and I express no view on any other issue. Post Comment   Private Reply   Ignore Thread   Top • Page Up • Full Thread • Page Down • Bottom/Latest Begin Trace Mode for Comment # 13. #6. To: nolu chan (#0) I think I win a stuffed alligator for making that call. There are still a few other suits waiting for the USSC's are there not? Not that Trump's winning prospects are anything more than just hanging by a thread, it seems. Pinguinite  posted on  2020-12-12   0:03:47 ET  Reply   Untrace   Trace   Private Reply   #11. To: Pinguinite (#6) I think I win a stuffed alligator for making that call. Pennsylvania probably dles not qualify for a stuffed alligator. Perhaps a stuffed Punxsutawney Phil groundhog. Just to recall what you posted on a previous thread: https://libertysflame.com/cgi-bin/readart.cgi?ArtNum=63011&Disp=28#C28 On the standing of TX and other states to sue, you know more on this topic than me, of course, but it seems on its face TX would have no standing to sue as each state should be sovereign in its method of choosing electors, even if such states were to openly embrace a fraudulent election system within their own borders. I believe your given reasoning is inaccurate. Other states have no sovereign right to openly embrace a fraudulent election. Texas was held to have no standing to sue on the original jurisdiction of the Supreme Court because Texas could not demonstrate a particularized injury by the alleged actions of other states, even if their actions had resulted in a fraudulent election. Had it chosen to do so, I am sure the court could have reached the opposite conclusion. The Texas legal theory was novel but worth a shot. Trump the candidate may have been injured in way to give him standing to initiate litigation in the lower courts, without Texas as a state having been injured in a way to give it standing to initiate litigation at Scotus. At the lower court, the litigation may allege fraud, corruption, and whatever failure to follow the law by the state, or by authorities of the state. Initiated at Scotus, the litigation alleges a Federal violation, specifically in the Texas case, a violation of the Equal Protection clause of the U.S. Constitution. Alleged state fraud does not necessarily translate to a showing of a violation of the Equal Protection clause, or that sort of injury having been particularly, and not generally, incurred by Texas and others. A case may be brought to the federal District Court alleging that the state failed to follow the requirements of state or federal law, or that the state's laws contravened federal law. Federal jurisdiction over elections is basically consigned to the legislative branch. The Judiciary declines to entertain matters of what is termed a political question, consigned to the legislature. Comparing Bush v. Gore, there candidate Bush was personally injured by Florida failing to follow Florida law. The hand count could not be completed by the time Florida law required, so the hand counting was stopped, pursuant to Florida law. There are still a few other suits waiting for the USSC's are there not? Not that Trump's winning prospects are anything more than just hanging by a thread, it seems. Yes, there are other suits. I believe only the ones brought by Trump as a plaintiff are likely to survive. Perhaps there is something out there with a candidate EC elector which has a chance of being heard. If a case survives to be heard on the merits, there may be a significant case to be offered. They must produce, show and demonstrate the evidence, not tell us of the alleged evidence they have. nolu chan  posted on  2020-12-12   16:46:35 ET  Reply   Untrace   Trace   Private Reply   #13. To: nolu chan (#11) I believe your given reasoning is inaccurate. Other states have no sovereign right to openly embrace a fraudulent election. My comment about states being sovereign even to the point of openly having corrupt elections was restricted only to the context of the lack of right of other states to complain about it. If a state were to do that, there would be plenty of people able to complain within the state as well as the candidates. But injured parties would not be limited to losing candidates. Elections, after all, are not about the candidates, but about the people whom the candidates will represent, so in my view any voter in the affected state has a right to a legal grievance in the event there is election fraud, even if a losing candidate would not be a formal party to such a suit. Pinguinite  posted on  2020-12-13   1:07:48 ET  Reply   Untrace   Trace   Private Reply   Replies to Comment # 13. #14. To: Pinguinite (#13) But injured parties would not be limited to losing candidates. Elections, after all, are not about the candidates, but about the people whom the candidates will represent, so in my view any voter in the affected state has a right to a legal grievance in the event there is election fraud, even if a losing candidate would not be a formal party to such a suit. Legal precedent is explicitly clear that standing requires a personal, particular injury and cannot result from any generalized injury. If one is injured as a citizen or voter, many others similarly situated are also injured, and the injury is generalized and not particular to any one individual. From: Constitutional Law, Sixth Edition, Jerome A. Barron and C. Thomas Dienes, Black Letter Series, West Group, West Publishing, 2003, pp. 84-5. c) Citizen Standing At least in the absence of congressional legislation authorizing the suit, a citizen lacks a sufficient personal interest to challenge government acts as unconstitutional. Her interest is viewed as an "abstract injury" and a "generalized grievance" held in common with citizens generally. While individual justices have argued that the bar to citizen standing is a prudential rule of judicial self-restraint, the Court has generally treated it as an Art. III impediment. Examples: (1) A citizen lacks standing to challenge the constitutionality of a federal statute authorizing the director of the CIA to certify expenditures as a violation of the constitutional requirement of a regular accounting of the use of public funds. United States v. Richardson (1974). (2) A citizen has only a generalized interest, insufficient to maintain standing, in challenging the holding of reservist status by a congressman in violation of the Incompatibility Clause which prohibits members of Congress from holding other office. Schlesinger v. Reservists Comm. to Stop the War (1974). (3) A citizen and taxpayer lacks standing to challenge an HEW grant of surplus land under a federal statute to a religious institution as a violation of the Establishment Clause. Since the challenge was to an HEW action rather than a federal statute and since the government grant was based on the property power rather than the Taxing and Spending Clause, the challengers did not have standing under Flast as taxpayers. Nor does a citizen qua citizen have standing to challenge government action merely to correct constitutional wrongs. An Establishment Clause claim does not eliminate the Art. III requirement of personal injury. Valley Forge Christian College v. Americans United For Separation of Church and State (1982). nolu chan  posted on  2020-12-13 01:54:21 ET  Reply   Untrace   Trace   Private Reply   End Trace Mode for Comment # 13. Top • Page Up • Full Thread • Page Down • Bottom/Latest

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