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United States News
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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: 4996
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.

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Begin Trace Mode for Comment # 6.

#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  


Replies to Comment # 6.

#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  


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