Happily the Supreme Court quickly rejected Trump’s latest far fetched attempt to thwart the will of the voters.
Lost in the relief felt by reasonably minded people is the sad fact that two Justices, Samuel Alioto and Clarence Thomas, would have taken the case.
1991 – Then Senate Judiciary Chairman Joe Biden and then Supreme Court nominee Clarence Thomas
Excerpted from New York Times 12.10.2020
WASHINGTON — The Supreme Court on Friday rejected an audacious lawsuit by Texas that had asked the court to throw out the presidential election results in four battleground states captured by President-elect Joseph R. Biden Jr.
The suit, filed directly in the Supreme Court, sought to bar Georgia, Michigan, Pennsylvania and Wisconsin from casting their electoral votes for Joseph R. Biden Jr.
The court, in a brief unsigned order, said Texas lacked standing to pursue the case, saying it “has not demonstrated a judicially cognizable interest in the manner in which another state conducts its elections.”
The move, coupled with a one-sentence order on Tuesday turning away a similar request from Pennsylvania Republicans, signaled that the court has refused to be drawn into President Trump’s losing campaign to overturn the results of the election last month.
There will continue to be scattered litigation brush fires around the nation from Mr. Trump’s allies, but as a practical matter the Supreme Court’s action puts an end to any prospect that Mr. Trump will win in court what he lost at the polls.
(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
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.