(ORDER LIST: 592 U.S.)
FRIDAY DECEMBER 11, 2020
ORDER IN PENDING CASE
155, 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.
So, by a 7-2 vote, the Supreme Court renders itself irrelevant. This is hardly a surprise; I never had any more faith in Barrett than in Roberts. Perhaps there are a few more permutations and a little more drama before the court option is entirely closed, but it is becoming increasingly likely that the decision to preserve the Constitution will fall to President Trump.
May God grant him wisdom and inspire him to make the right decision.
It’s worth noting that prior to the decision, Alexander Macris shared his doubts that it really mattered what the Supreme Court decided:
No matter what the Supreme Court rules, 70 million Americans are going to be very unhappy. For 46 states, 4 legislatures, 3 territories, and 2 governors of the Union to be involved in this lawsuit tells us that the stakes are incredibly high. Indeed, this is the gravest Constitutional Crisis since 1860. As such, there’s little reason to believe that the Supreme Court’s decision will put a definitive end to the crisis. Dred Scott didn’t stop the US Civil War, and Texas vs Pennsylvania may not stop whatever comes next.
Indeed. But, as always, wait two days AFTER Trump’s initial comments in response to this abidication by the Supreme Court before reaching any conclusions. My immediate thought is that the president needed to all all the other options to be exhausted, and allow all other hopes to be extinguished, before taking on the burden of crossing the Rubicon by invoking the Insurrection Act.
Texas GOP responds:
Perhaps law-abiding states should bond together and form a Union of states that will abide by the constitution.
Perhaps indeed.