So Texas and a number of other states, including Alabama and Louisiana, have sued the “swing states” regarding the presidential election. In the SCOTUS. This could get interesting.
The argument – and it’s a good argument – is that they followed the federal proscriptions of Article II of the constitution and that the swing states did not, and that they elected Trump and the swing states went the other way, electing Biden, and that their choice for president cannot be undone by other states that did not follow the rules.
Talking heads are opining that the SCOTUS will never “hear” the case. That’s incorrect. Suits between states are part of the SCOTUS’ “original jurisdiction”, not the overwhelmingly more common “discretionary docket”, where the SCOTUS can hear a case if they want to. The rule with exercising jurisdiction is that it’s just as mandatory to exercise jurisdiction that you have as it is to refrain from exercising jurisdiction that you don’t have.
So the SCOTUS will “hear” the case, and apparently they have directed the Defendant states to respond by tomorrow.
The argument from the other side is that there was the COVID and that they had to alter the rules in an emergency fashion, without the legislatures acting, and that the SCOTUS should not overturn the “will of the people”, and so on. That is not a good argument. At the SCOTUS, the constitution governs.
There are arguments to be made that the SCOTUS should not invalidate the election of the apparent winner. Those are not arguments for the SCOTUS. They should be directed to the state legislatures of the swing states, who have the option of appointing Biden electors anyway if the SCOTUS invalidates the popular vote determination due to irregularities or fraud or an unconstitutional procedure.
This is not a comfortable position for the SCOTUS Justices. If they go one way, they are banished from polite society in DC. If they go the other way, they have to break their own well settled and well known rules, possibly even to the point of dereliction of duty.
So this is really interesting. We’re on pins and needles here at LoS!
Update: From CNN. This is basically disinformation. Which we have come to expect from that network. Meanwhile Vox Day tracks the opinions of “legal experts”. Clearly wrong legal experts, who seem to believe that the SCOTUS can refuse to “take up” the states v. states case, as if it were there on petition for writ of certiorari instead of SCOTUS original jurisdiction, where SCOTUS has no discretion BUT to take it up.