Victory for Common Sense: Supreme Court Rejects Texas Lawsuit

Mish

The US Supreme Court tossed the Texas lawsuit on grounds Texas lacked standing to pursue the case.

Supreme Court Ruling

Here is the Complete Ruling. 

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. 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.

Background

Paxton's suit asked justices to extend the deadline for election certification to Dec. 14, buying time for officials to investigate alleged voting irregularities in the four states.

  • 17 states filed a brief in the Supreme Court in support of Texas, including Alabama, Arkansas, Florida, Indiana, Kansas, Louisiana, Mississippi, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Utah and West Virginia.
  • Over 100 House Republicans also backed the suit, including Minority Whip Steve Scalise (La.). Minority Leader Kevin McCarthy (Calif.) notably did not sign onto the brief.
  • The state of Ohio — where Trump won — also wrote in opposition to the suit: "[T]he relief that Texas seeks would undermine a foundational premise of our federalist system: the idea that the States are sovereigns, free to govern themselves."

Background courtesy of Axios.

Case Was Clear Long Ago

This was clear long ago and for reasons easily explained.

What Happened to Laser Eyes?

What happened to laser-eyes Amy Coney Barrett?

Damn, how humiliating. 

The Big One

Team Trump has not won a single case including "The Big One". 

Victory

Trump was correct when he stated "Our country needs a victory!" 

Today, the Supreme court delivered a clear, precise, and resounding victory of common sense over those who attempted to steal the election by outlandish disenfranchisement. 

Mish

Comments (142)
No. 1-29
zam137
zam137

That should end his challenges in the legal system. If he’s crazy enough (and nothing indicates that he isn’t) he still might try the “Mike Flynn gambit”.

Eddie_T
Eddie_T

Hallelujah. My faith in mankind is almost restored....except that (indicted but not yet convicted) grifter Ken Paxton is still AG here. And Dan Patrick is still Lt. Gov.......we’re still deep in the weeds.

Even Charlie Koch sees it now.

I sure hope Trump doesn’t try to do some kind of end run around reality.

njbr
njbr

Next up Senate/elector shenanigans--Cruz the insurgent leader!!

JG1170
JG1170

The ways in which this election was stolen are simply not "provable". Ballot harvesting (easy to do with mail-in ballots), familial voter intimidation/forgery (easy to do with mail-in ballots), and Social Media covering up the H. Biden junk ALL had an effect, and it's logical to assume that this effect favored Biden more than Trump. The SC is not going to change these beliefs that HALF the nation's citizens hold.

NewUlm
NewUlm

As an independent who has never voted for Trump and who is happy to see him go. After 4 years of questioning his legitimacy with Russia, impeachment, etc. He and I bet most republicans want to instill the same level of doubt in the legitimacy of Biden.

I wish both parties would realize that America is split 51/49 and compromise is the best path, or I wish we did not have majority rules - something like 60% to pass laws and 40% overturn laws would force more compromise. The 50% plus 1 is a good way to instill division.

Mr. Purple
Mr. Purple

I'd have a lot more respect for Trump if he would just attempt a military coup like all self-respecting tinpot dictators do. Trump is such a pussy.

Anda
Anda

I take a contrarian view to your interpretation.

"Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections"

In short "Texas has not shown an interest", lack of recogniton by the judiciary of Texas' interest is absurd because very obviously the federal government does dictate the direction of the nation, and that includes Texas. The federal government decides based on congessional numbers. That the judiciary purport to fail to comprehend such a simple issue is also absurd and discredits their authority.

" 1. Texas has no jurisdiction 2. The proposed remedy is outlandish disenfranchisement 3. The filing is too late 4. Texas was not harmed (it does not affect Texas electors) 5. It would open up the courts to all kinds of state-vs-state complaints"

  1. Texas handed jurisdiction to SCOTUS , it does not pretend to have jurisdiction over another state, and in return it does not have to suffer the jurisdiction of that state as expressed via federal government if it believes that jurisdiction was not fairly won.

  2. Not so, the disenfranchisement has already occured (should be proven not to have) according to Texas, due to fraud. The only available lawful solution is to allow the governors to decide on electors, in that case, or re-run. To not seriously address the accusations anywhere is outlandish.

  3. I try to think you are not being serious.

  4. As stated in intro, it affects texan electors. Even to be under the jurisdiction of a government that is considered fraudulant is injurious, let alone if it actually were.

  5. As per 4. - you now have state vs. state and state vs. federal government, not to mention citizen against citizen. All because of reluctance to credibly prove the election results were sound.

Sechel
Sechel

Not only was Trump's bid rejected it was rejected 9-0. Now he and his allies have lost around 60 court cases. So Trump goes down as the biggest loser of any President ever. What a way to end his Presidency, in disgrace. He wasn't big enough to congratulate Joe Biden, he had to concoct a false story about a fraudulent election that every court said he failed to prove which makes Donald Trump an even bigger loser. And to cap it off, Der Spiegel, Germany's most influential magazine voted Donald Trump loser of the year.

But I don't consider this a total victory. A great many Republican states, A.G.'s and Congressman signed on. Two fictitious states also joined , New California and New Nevada. This is truly scary that so many Republicans who ought to know better and are in positions of leadership joined and gave credibility to this non-sense. This country needs two functioning parties. The Republican party is clearly not functioning and that's scary for our Democracy .The Democratic party does not have all the answers but the GOP has shown it lacks the maturity to step up to the plate. I don't know where we go from here.

Augustthegreat
Augustthegreat

Trump is the biggest loser of the American History.

Realist
Realist

The Supreme Court decision does not mean anything is over, as far as Trump thinks. It will never be over for him, and many of his supporters. Trump will claim he won the election for the rest of his life. As will his supporters. You can see some of them here, unwilling to recognize reality.

And the Republicans who are afraid of Trump, because of his control over his supporters will continue to kiss Trump's ass, and refuse to recognize Biden, as president.

Never mind the swamp. The world is laughing at America as Trump drags it down the rabbit hole of insanity.

Realist
Realist

The next thing the world is going to laugh at will be all the anti-vaxxers crawling
out from under their rocks in the US. I expect rallies and marches saying NO to the vaccine beginning next week. I'll bet that the majority of them will be carrying US flags and wearing MAGA hats and promoting all manner of crazy conspiracy theories.

You gotta love the US. It's just full of these people.

Sechel
Sechel

Neal Katyal opines

https://www.instagram.com/tv/CIrdsCKnFPK/?igshid=1r1qxqo4fyu6e
Mish
Mish

Editor

Trump lost EVERY Case.

One that went in his favor was overturned on appeal.

njbr
njbr

Such phony BS top to bottom in the Trump lawsuits....

Don't be surprised, but the "intelligence expert" in Powell's Kraken suit never worked is not an intelligence expert---from WAPO

...The witness is code-named “Spyder.” Or sometimes “Spider.” His identity is so closely guarded that lawyer Sidney Powell has sought to keep it even from opposing counsel. And his account of vulnerability to international sabotage is a key part of Powell’s failing multistate effort to invalidate President-elect Joe Biden’s victory.

Powell describes Spyder in court filings as a former “Military Intelligence expert,” and his testimony is offered to support one of her central claims. In a declaration filed in four states, Spyder alleges that publicly available data about server traffic shows that voting systems in the United States were “certainly compromised by rogue actors, such as Iran and China.”

Spyder, it turns out, is Joshua Merritt, a 43-year-old information technology consultant in the Dallas area. Merritt confirmed his role as Powell’s secret witness in phone interviews this week with The Washington Post.

Records show that Merritt is an Army veteran and that he enrolled in a training program at the 305th Military Intelligence Battalion, the unit he cites in his declaration. But he never completed the entry-level training course, according to Meredith Mingledorff, a spokeswoman for the U.S. Army Intelligence Center of Excellence, which includes the battalion.

“He kept washing out of courses,” said Mingledorff, citing his education records. “He’s not an intelligence analyst.”

In an interview, Merritt maintained that he graduated from the intelligence training program. But even by his own account, he was only a trainee with the 305th, at Fort Huachuca in Arizona, and for just seven months more than 15 years ago.

His separation papers, which he provided to The Post, make no mention of intelligence training. They show that he spent the bulk of his decade in the Army as a wheeled vehicle mechanic. He deployed to the wars in Iraq and Afghanistan, where he said he worked in security and route clearance. He held the rank of specialist when he was honorably discharged in 2013, having received several commendations....

....He used his GI Bill funds to study network security administration at ITT Tech in Arlington, Texas. He said he earned an associate degree from the school, part of a nationwide chain of for-profit colleges that shut down in 2016.....

....Merritt formed his own firm, Cyberoptyx, in 2019. He said the company — which consists of himself and a handful of contractors — specializes in building “cyberinfrastructure” such as making websites and setting up servers. It also does 3-D printing....

Dodge Demon
Dodge Demon

I step closer to a $200,000,000,000 bailout of Illinois, hopefully Yellen’s first act as Secretary Of The Treasury. Send check to: Michael W. Frerichs.

LawrenceBird
LawrenceBird

So Texas wants to leave the US. Don't let the door hit your a** on the way out. Now we finally have our wall between the US and Mexico lol

truthseeker
truthseeker

Oh my gosh Mish! Someone I always depended on to give me objective economic and political information, analysis, has let his hatred of President Trump take you way over to the dark side. Certainly you know I have pretty much been ambivalent about Trump in that he has supported the oil business of which I am apart, placed 3 great conservative justices on the court, has tried to prevent an onslaught of illegal immigrates down here at the Texas Rio Grand, Arizona and California, has tried to stop planned parenthood from late term abortions and stop the huge demand for fetal tissue here in our country, reduced great amounts of business regulation, and strengthened our military defensive capabilities and our relationship with Israel our greatest ally. Yes his personality is very offensive I will admit, yet I wonder if Trump derangement syndrome, as bad as it is, will once again be desired over what we will be facing a year or two from now?

Carl_R
Carl_R

Mish's commentary on all these election developments and lawsuits has been dead accurate. His brilliant coverage began before the election when he predicted that the trap had been set, and that Trump's plan was to let people vote by mail, and then have all those votes invalidated, and since the mail in votes would be mostly for Biden, that would swing things towards Trump. He also predicted with complete accuracy that Trump would lead on election day, and then slowly fall behind as mail-in ballots were added in. Finally, he has a 100% record in predicting the outcome of all the post-election lawsuits, and in the process, he has demonstrated a thorough understanding of the legal issues involved.

Kudos, Mish, on an outstanding job.

truthseeker
truthseeker

Hey Mish I thought I left some comments?? Or am I lost??

Sechel
Sechel

Trump's not done fighting. No just like this he has no shot, but he'll try to get allies in the legislature to pull a stunt and try to frustrate the electoral college. This is where Mitch McConnnell needs to grow a pair and finally say something

Sechel
Sechel

The SPYDER revealed. Never worked in military intelligence.

Spyder, it turns out, is Joshua Merritt, a 43-year-old information technology consultant in the Dallas area. Merritt confirmed his role as Powell’s secret witness in phone interviews this week with The Washington Post.
Records show that Merritt is an Army veteran and that he enrolled in a training program at the 305th Military Intelligence Battalion, the unit he cites in his declaration. But he never completed the entry-level training course, according to Meredith Mingledorff, a spokeswoman for the U.S. Army Intelligence Center of Excellence, which includes the battalion.
“He kept washing out of courses,” said Mingledorff, citing his education records. “He’s not an intelligence analyst.”

His separation papers, which he provided to The Post, make no mention of intelligence training. They show that he spent the bulk of his decade in the Army as a wheeled vehicle mechanic. He deployed to the wars in Iraq and Afghanistan, where he said he worked in security and route clearance. He held the rank of specialist when he was honorably discharged in 2013, having received several commendations.
Merritt acknowledged that the declaration’s description of his work as an “electronic intelligence analyst under 305th Military Intelligence” is misleading. He said it should have made clear that his time in the 305th was as a student, not as a working intelligence expert.

Rocky Raccoon
Rocky Raccoon

And now Trump begins attacking SCOTUS who he is 33% responsible for building...

Rocky Raccoon
Rocky Raccoon

Half the "nation" (which we are not a nation) does not buy into the bull crap that Trump is selling. Trump's cultish base didn't grow beyond it's original form, and soon we will see as the corruption around Trump is exposed in the coming months just how little people will still desire to admit they supported him.

As a conservative, Trump doesn't represent my conservative beliefs.

Trump has played this game since jumping into this circus in 2016 starting with the Iowa Caucus. Ted Cruz cheated and the GOP rigged the caucus against him...

He is playing the same card in 2020 except Cruz hungry to win the love of the Trump cult is now playing along despite Trump viciously attacking the Cruz marriage four years earlier. Cruz is not a man of principles but a con artist just like Trump vying for political power.

Greenmountain
Greenmountain

A couple of notes -

  1. For conservatives I am really shocked a conservative state would file any case challenging the actions of another. I would happily have Vermont challenge a few of Texas state laws but we have something in this country called States rights. And it was my understanding that most conservatives took this very seriously. Dont tread on my soil and I will not tread on yours.
  2. For my Republican friends who think the vote was stolen by the use of mail-in ballots, I have questions about the number of votes that were suppressed because of laws requiring a specific address so members of Native American tribes can not vote as they may not use specific addresses, or lack of polling places in minority neighborhoods, the recent law in Fl requiring all fines to be paid before a felon can regain voting rights. Rigging occurs on both sides of the aisle. Maybe we should focus on how we encourage people to vote. Not how we deny voter rights.
FromBrussels
FromBrussels

Your president elect is a Deep State con man, much WORSE than your orange clown and his black & white, dems and reps, predecessors.....oh yeah, that's right... they were all shooo 'politically' correct....fckn cheaters and liars ....Congrats anyway yanks...with your beloved Biden!

MSCowboy
MSCowboy

I’ve followed Mish for years, since at least 2005, but it’s only been the past year so that I’ve seen him and this blog turn hard left. I’m out—doesn’t impress me anymore. It used to be really good.

dgmdgm
dgmdgm

No, Anda, "Texas has not shown an interest" is not shorthand for "Texas has not demonstrated a judicially cognizable interest". Those extra two words "judicially cognizable" are essential. SCOTUS is pointing out that a court of law cannot hear disputes about hypothetical harm. An argument like "the result of this election might be a federal government with policies that might be contrary to the interests of some Texans" doesn't cut it.

The rest of your points are equally nonsensical.

Nodak1
Nodak1

Its so sad, sleepwalking


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