Trump may have undermined Texas's Hail Mary election lawsuit with a single tweet: law professor

[Gothmog]

The US Constitution allows lawsuits to be filed in the SCOTUS for lawsuits by one state against another state. The theory is that the SCOTUS is the only venue for the resolution of true disputes between the states. trump is underming the legal justification for Paxton's idiotic lawsuit by wanting to intervene

Link to tweet

A

nd according to University of Texas School of Law professor Stephen Vladeck, Trump may have further undermined an already-shaky case with a tweet that he posted on Wednesday morning.

Specifically, Trump tweeted that “we will be INTERVENING in the Texas case,” while also hyping up the Paxton lawsuit as “the big one.”

According to Vladeck, however, Trump intervening would harm the case’s chances of success.

“The central purpose of SCOTUS’s ‘original’ jurisdiction is for disputes between states that can’t be resolved elsewhere,” he explained. “Successful intervention by another party would prove that the dispute *could* be resolved elsewhere — and that there’s nothing unique about Texas’s claims.”

[gratuitous]

1. More than five weeks after election day . . .

Trump finally files "the big one" lawsuit against the results that have him losing by more than 7 million votes. He's really serious this time, boy!

[FSogol]

2. Grifters Gotta Grift!

[patricia92243]

4. You would think anybody with any sense would have filed

"the big one" first. It would save having the whole nation snickering at you when you lost and lost and lost all of the "little ones,"

[gratuitous]

5. Anybody with any sense would have

Which leaves us with Donald Trump and his "big one" filing. It's taken years, but I finally broke my attorneys of a bad habit in their legal briefs of the locution, "Finally, and most importantly . . . " If this is the most important point you have for your argument, put it FIRST. It's not a detective novel.

[olegramps]

18. I thought that Repuks were States Rights. How can one state interfere with another's sovereignty?

[StClone]

22. Cons believe in Relativity

Whatever the circumstance calls for to support their schemes. States' Rights. Yes? Now No! They are governed by two forces: Power, money with rich white guys calling the shots.

[Midnightwalk]

3. That seems like bad reasoning

The whole thing is nonsense, but that seems like lousy logic.

Some idiot (trump) tweeting about getting involved in the case would have nothing to do with whether it was legitimate.

If trump said he could take some action other than joining the case maybe that could have an effect, but only if that action was credible. “I’m going to hold my breath until they win” would not be credible, but I’d watch.

IANAL, and I think the suit is trash, but that reasoning seems weak.

[LymphocyteLover]

19. agree-- that was my thinking too

[onenote]

6. Wildly overstated conclusion.

First, tweeting that he or his campaign are going to intervene doesn't affect anything. The court will deal with an attempt to intervene if and when one actually is made.

Second, as the Supreme Court stated in 2010, it "has granted leave, under appropriate circumstances, for nonstate entities to intervene as parties in original actions between States for nearly 90 years." In other words, a request by a third party to intervene in a state v. state original jurisdiction case will not cause the Supreme Court to dismiss the case. Indeed, the Court sometimes allows intervention in such cases.

Third, even if the Court thinks intervention is unnecessary, it will simply deny the request for leave to intervene. It won't dismiss the case because a petition to intervene was filed.

[Mike 03]

7. It did seem like a rather grandiose conclusion based on

not much.

[Laelth]

8. Agreed. There's no fire behind this smoke. n/t

-Laelth

[blueinredohio]

9. Who is "we"?

[cojoel]

10. There were a lot of issues with this "hail mary" play

besides the detail the game clock had expired.

Unsportsmanlike conduct for calling time out but were out of time outs.
Illegal formation.
Illegal procedure.
Illegal shift.
Illegal use of hand to the face by the offense
Offensive pass interference

All penalties are declined*. The game is over!

*All misconduct will be reviewed by the league and further sanctions may be forthcoming

[panader0]

14. "Backfield in motion, gonna have to penalize you"

[Lucinda]

28. ❤️ ✿❧🌿❧✿ ❤️

[LudwigPastorius]

23. Is there a penalty for it having been filed by someone who was indicted on three felony charges?

That seems like a 5-yarder, at least.

[ProudMNDemocrat]

11. Trump keeps saying the quiet things OUT LOUD

Which gives away the game and stops him in his tracks. Trump has not learned anything about the law, or how Government works.

[Jirel]

12. This is about a relevant as debating how many angels can dance on the head of a pin.

A state has no standing to challenge votes in another state. It's already dead on arrival.

[KS Toronado]

16. Not only is it dead on arrival, I doubt 5 SCOTUS judges want to keep him in power.

[BobTheSubgenius]

25. Excellnt point!

If "states rights" means that the federal govt shouldn't meddle in a state's internal issues, how can a coequal entity do it?

[GoCubsGo]

13. Trump always makes things worse for Trump.

[BobTheSubgenius]

26. One item on an incredibly short list of positives.

[Stuart G]

15. K and R nt

[DesertRat]

17. Thanks for posting. k&r

[musclecar6]

20. He's

Grifting more money out of the pockets of the MAGA morons and enjoying his last hurrah trying to come up with a Hail Mary stunt to somehow miraculously overturn the election. Good luck asshole.

[birdographer]

21. He is beyond terrified at this point, isn't he?

And somehow his republican thugs are soaking up that fear themselves. We thought they were off the rails before... This has nothing to do with his inability to lose anymore, I think this is moving into prison territory. He knows what's coming when he leaves.

[BobTheSubgenius]

24. I'm very diappointed in Vladeck giving them a heads-up!

As far as inadvertently "underming the lawsuit" goes...I'm grateful he hasn't stumbled into a war this way. This is small potatoes.

[dv421]

27. Paxon knows this is going to fail

He just wants to be on the pardon list...

[Gothmog]

29. Successful intervention by another party would prove that the dispute *could* be resolved elsewhere

Link to tweet