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Thu Dec 10, 2020, 06:52 PM

Just one question about the texas lawsuit

Why can't the SC just issue a FAST decision on STANDING alone? That would end this FIASCO!

11 replies, 766 views

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Arrow 11 replies Author Time Post
Reply Just one question about the texas lawsuit (Original post)
bluestarone Dec 2020 OP
PoliticAverse Dec 2020 #1
beachbumbob Dec 2020 #2
struggle4progress Dec 2020 #3
AngryOldDem Dec 2020 #4
elleng Dec 2020 #5
Gothmog Dec 2020 #6
Laelth Dec 2020 #9
bluestarone Dec 2020 #7
Laelth Dec 2020 #8
bluestarone Dec 2020 #10
lettucebe Dec 2020 #11

Response to bluestarone (Original post)

Thu Dec 10, 2020, 06:55 PM

1. They might. They're meeting tomorrow. n/t

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Response to bluestarone (Original post)

Thu Dec 10, 2020, 06:55 PM

2. They will

 

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Response to bluestarone (Original post)

Thu Dec 10, 2020, 06:58 PM

3. They're free simply not to hear the case, no explanation given

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Response to bluestarone (Original post)

Thu Dec 10, 2020, 06:58 PM

4. And then every AG and attorney involved in this should face sanctions.

Particularly if it’s proven this was a stunt by the Texas AG to get himself a pardon.

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Response to bluestarone (Original post)

Thu Dec 10, 2020, 07:00 PM

5. They can, and they may do so.

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Response to bluestarone (Original post)

Thu Dec 10, 2020, 07:00 PM

6. How the Supreme Court Can Swiftly Dispose of the Texas Lawsuit Seeking to Overturn the Election [

This is from a good but conservative legal blog https://reason.com/volokh/2020/12/09/how-the-supreme-court-can-swiftly-dispose-of-the-texas-lawsuit-seeking-to-overturn-the-election/

Yesterday, the state of Texas filed a lawsuit essentially asking the Supreme Court to reverse the outcome of the presidential election in four key swing states—Georgia, Michigan, Pennsylvania, and Wisconsin, thereby potentially giving Donald Trump a second term he failed to win at the ballot box. The case has been roundly denounced by legal commentators as utterly lacking in merit. Prominent election law scholar Rick Hasen summarizes some of its defects and concludes that it may be the "the dumbest case I've ever seen filed on an emergency basis at the Supreme Court." Co-blogger Jonathan Adler points out a variety of procedural flaws in the case. David Post highlights its reliance on bogus statistical "analysis."

However, because this case is a lawsuit filed by one state against others, it falls within the Court's "original jurisdiction"—the narrow set of cases that can be filed directly in the Supreme Court, without first being considered by lower courts. Therefore, the justices may not be able to reject it in the same way as they just refused to hear a GOP lawsuit seeking to overturn the result in Pennsylvania.


At the same time, however, there is precedent for the Court dispensing with state vs. state original jurisdiction lawsuits without a full hearing or opinion. In 2016, that's exactly what the Court did with a lawsuit filed by Nebraska and Oklahoma seeking to force neighboring Colorado to rescind its legislation legalizing marijuana under state law. The justices disposed of the Nebraska-Oklahoma lawsuit in a one-sentence order. Here it is in all its glory:

The motion for leave to file a bill of complaint is denied.

Nothing prevents the Supreme Court from doing the same thing with the Texas case (which some other red states might sign on to). Like the Texas case, the Nebraska-Oklahoma lawsuit had no real merit and was roundly denounced by legal commentators across the political spectrum. I summarized its weaknesses and linked to critiques by others here. The justices apparently concluded it wasn't worthy of the Court's full attention, and acted accordingly.

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Response to Gothmog (Reply #6)

Thu Dec 10, 2020, 08:03 PM

9. +1 n/t

-Laelth

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Response to bluestarone (Original post)

Thu Dec 10, 2020, 07:08 PM

7. Most people here KNOW that THIS lawsuit is BULLSHIT. BUT

I'm positive this lawsuits purpose, is to create hate and division between Americans, for the next four years! That will create BIG problems for Joe and Kamala! It's the RUSSIAN way of HATE and divide game! Hope Joe and Kamala get LOTS of help in the next four years.

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Response to bluestarone (Original post)

Thu Dec 10, 2020, 08:00 PM

8. They could. They might. Personally, I expect the following:


“For the reasons outlined in the responses of Defendants PA, GA, MI, and WI, Plaintiff’s motion to file a bill of complaint and invoke this Court’s original jurisdiction is hereby DENIED.”

Period. End of story. No comment.

-Laelth

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Response to Laelth (Reply #8)

Thu Dec 10, 2020, 08:05 PM

10. Works for me!

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Response to bluestarone (Original post)

Thu Dec 10, 2020, 10:05 PM

11. They will simply dismiss -- there's no real case here

Texas has no standing; there is no evidence and the whole thing is a pack of BS and lies. I really hope someone gets sanctioned or this will happen every election from this point forward that doesn't go the way the repugs want.

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