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brooklynite

(96,882 posts)
Wed Dec 9, 2020, 12:11 AM Dec 2020

BREAKING: SCOTUS wants response to Texas suit by Thursday at 3 PM

SCOTUSBlog

In a last-ditch effort to forestall the outcome of the 2020 presidential election, Texas sought on Tuesday to file a lawsuit directly in the Supreme Court, attempting to delay the Electoral College vote and prevent four states – Georgia, Michigan, Pennsylvania and Wisconsin – from casting their Electoral College votes for President-elect Joe Biden, who won the popular vote in each state. This highly unusual use of the court’s original jurisdiction — which is most often used to resolve interstate disputes involving, for example, water rights — came just six days before each state’s electors are required by law to meet and cast their ballots in the Electoral College.

...snip...

Update (Tuesday, Dec. 8, 6:20 p.m.): On Tuesday evening, the court called for a response to Texas’ suit by Thursday, Dec. 10, at 3 p.m.


49 replies = new reply since forum marked as read
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BREAKING: SCOTUS wants response to Texas suit by Thursday at 3 PM (Original Post) brooklynite Dec 2020 OP
why is texas NOT wanting to throw out texas electoral votes? nt msongs Dec 2020 #1
Hmmmm Proud Liberal Dem Dec 2020 #2
As someone else pointed out... regnaD kciN Dec 2020 #4
I can't speak to the rest dsc Dec 2020 #28
I literally was just going to post this about NC obamanut2012 Dec 2020 #37
I wanna know why they left out AZ, NV, and MN. Nevilledog Dec 2020 #6
Their shortsightedness should trip them up DFW Dec 2020 #3
Yes. So far SCOTUS has refused involvement. I'd like to think "resents" Hortensis Dec 2020 #5
It's kind of a parallel to Gore's team demanding a recount of only a couple of counties instead of jaxexpat Dec 2020 #30
Overturning the election is the new Obamacare repeal Generic Brad Dec 2020 #7
I have a question GrassClippings Dec 2020 #8
Stuff like changing election laws to allow for more mail-in voting, drop boxes, etc. n/t pnwmom Dec 2020 #9
It alleges that those states didn't conduct their elections properly. Frasier Balzov Dec 2020 #12
That seems like an odd argument Proud Liberal Dem Dec 2020 #33
The larger outcome is clearly what they're complaining about. Frasier Balzov Dec 2020 #40
So this is essentially the "We would have won if MI, PA, WI, GA, and AZ didn't exist" argument? Proud Liberal Dem Dec 2020 #42
Didn't exist or were more like us lol. n/t Frasier Balzov Dec 2020 #43
Exactly Proud Liberal Dem Dec 2020 #49
This happens with all suits. Always. Even this farce. It's procedural with ALL suits. Saboburns Dec 2020 #10
TY! Not panicking.. anxious until Cha Dec 2020 #13
Everyone is anxious. The assaults just don't stop! NutmegYankee Dec 2020 #22
Best of LUCK for Democracy! Cha Dec 2020 #11
NEXT: Texas sues Michigan, Iowa, Minnesota, etc. for not executing people dalton99a Dec 2020 #14
No chance they hear it budkin Dec 2020 #15
Oh, FFS RandySF Dec 2020 #16
All the Democratic states should sue TX, KY, FL, IA, SC for their horrible senators LeftInTX Dec 2020 #17
Hello? ahlnord Dec 2020 #21
Ooppss...I don't even know how I ended up typing MN...Can't remember what state I was thinking of.. LeftInTX Dec 2020 #23
Oh Gosh...Maine...that's what it was thinking...wrong abbreviation...Susan Collins... LeftInTX Dec 2020 #44
Minnesota has 2 Dem Senators, Klobuchar Cha Dec 2020 #24
I know..I fixed it LeftInTX Dec 2020 #25
No Worries.. All Good.. Cha Dec 2020 #26
How do these lawsuits get heard so fast blueinredohio Dec 2020 #18
Original jurisdiction Sympthsical Dec 2020 #20
I thought that case was dismissed. speaknow Dec 2020 #19
That's what I wonder. How does Texas have standing in this case? Buns_of_Fire Dec 2020 #32
It doesn't but they have to receive it to declare no standing grantcart Dec 2020 #47
If they accept this case to hear , duforsure Dec 2020 #27
Sounds like a recipe Proud Liberal Dem Dec 2020 #34
Texas AG pushing Trump's lawsuits to score a pardon for all of his scandals (bribe?) UCmeNdc Dec 2020 #29
+1 dalton99a Dec 2020 #38
I think they want to hear this... Takket Dec 2020 #31
Not likely onenote Dec 2020 #35
That's what I'm wondering. Dr. Strange Dec 2020 #46
The response should be a laugh track. This is the dumbest lawsuit in the history of lawsuits. Vinca Dec 2020 #36
Response from whom? honest.abe Dec 2020 #39
That was my first thought ScratchCat Dec 2020 #45
STUPID fucking lawsuit BUT bluestarone Dec 2020 #41
Yes, and so that Trump can keep raising money. Mike 03 Dec 2020 #48

regnaD kciN

(27,671 posts)
4. As someone else pointed out...
Wed Dec 9, 2020, 12:33 AM
Dec 2020

...if this flies, what’s preventing Hawaii, say, from filing suit to invalidate Texas? Or Florida, Ohio, North Carolina? The lawsuits after each election would be endless.

dsc

(53,413 posts)
28. I can't speak to the rest
Wed Dec 9, 2020, 05:48 AM
Dec 2020

But under the theory Texas is using North Carolina's should be thrown out. Our State Board of Elections also made changes to the way voting happened after the law has been passed

obamanut2012

(29,411 posts)
37. I literally was just going to post this about NC
Wed Dec 9, 2020, 09:34 AM
Dec 2020

Yup, NC's votes need to be tossed then, too.

DFW

(60,311 posts)
3. Their shortsightedness should trip them up
Wed Dec 9, 2020, 12:31 AM
Dec 2020

It seems clear by the last 9-0 vote that the Supreme Court resents being used for this. I think their response will be to tell Paxton to get lost, since his choice of States reveals his true purpose. The two day response time gives them perfect cover to issue a brief reply Friday evening, or even Monday morning so the electoral college can vote and put an end to this farce. Maybe Ken Paxton doesn‘t realize what this is doing to our standing in the world, bur Roberts will.

Hortensis

(58,785 posts)
5. Yes. So far SCOTUS has refused involvement. I'd like to think "resents"
Wed Dec 9, 2020, 12:46 AM
Dec 2020

extends beyond Roberts on the right, hope so, but it might be the packees just feel they couldn't carry another 2000 off this time. Trump himself can't have any admirers there, and there's other work to do.

 

jaxexpat

(7,794 posts)
30. It's kind of a parallel to Gore's team demanding a recount of only a couple of counties instead of
Wed Dec 9, 2020, 06:55 AM
Dec 2020

the whole state. Shortsightedness can have HUGE consequences irremediable with spectacles, no matter how entertaining.

Generic Brad

(14,374 posts)
7. Overturning the election is the new Obamacare repeal
Wed Dec 9, 2020, 12:49 AM
Dec 2020

A never ending stream of bogus lawsuits. Republicans sure must be sick of “winning”.

 

GrassClippings

(29 posts)
8. I have a question
Wed Dec 9, 2020, 01:00 AM
Dec 2020

I heard that the Texas lawsuit doesn’t even allege voter fraud. So what’s TX suing WI, MI, PA, and GA over? Can someone explain this to me?

pnwmom

(110,301 posts)
9. Stuff like changing election laws to allow for more mail-in voting, drop boxes, etc. n/t
Wed Dec 9, 2020, 01:09 AM
Dec 2020

Frasier Balzov

(5,078 posts)
12. It alleges that those states didn't conduct their elections properly.
Wed Dec 9, 2020, 01:23 AM
Dec 2020

Voting procedures violated their state constitutions or were hijacked by bureaucrats and judges.

This had the effect of diluting the pro-Trump majority vote of Texas.

It also puts the wrong VP winner in the tie-breaking role in the U.S. Senate.

https://www.supremecourt.gov/DocketPDF/22/22O155/163052/20201208133328638_TX-v-State-MPI-2020-12-07%20FINAL.pdf

Proud Liberal Dem

(24,971 posts)
33. That seems like an odd argument
Wed Dec 9, 2020, 08:27 AM
Dec 2020

In a system where the winner of Texas (or most other states) gets the same amount of Electoral Votes no matter how many Popular Votes they get- as long as they get the majority.

Frasier Balzov

(5,078 posts)
40. The larger outcome is clearly what they're complaining about.
Wed Dec 9, 2020, 10:44 AM
Dec 2020

Our Trump electors combined with the Trump electors of those other states would have re-elected our guy if not for the misbehavior of those other states in how they conducted their elections which wrongfully resulted in Biden electors being chosen instead.

Novel but tortured seems to be the scholarly consensus.

Proud Liberal Dem

(24,971 posts)
49. Exactly
Wed Dec 9, 2020, 01:30 PM
Dec 2020

Biden only needed PA, MI, and WI and Trump didn't win those states by a large margin in 2016 and a large part of his win was helped by low turnout and third and fourth parties helping slice the vote some. It really shouldn't have been surprising that Biden eked out wins there. AZ and GA were surprise cherries on the top on his win.

Saboburns

(2,807 posts)
10. This happens with all suits. Always. Even this farce. It's procedural with ALL suits.
Wed Dec 9, 2020, 01:18 AM
Dec 2020

This case is a farce. This case will not be heard,

Don't panic.

LeftInTX

(34,544 posts)
17. All the Democratic states should sue TX, KY, FL, IA, SC for their horrible senators
Wed Dec 9, 2020, 02:43 AM
Dec 2020

Last edited Wed Dec 9, 2020, 03:18 AM - Edit history (1)

Ooppss...somehow in this litany, I typed MN. I must have been thinking of some state, but can't remember which one.....

ahlnord

(117 posts)
21. Hello?
Wed Dec 9, 2020, 03:12 AM
Dec 2020

Hello? MINNESOTA?! I take umbrage with this. I don't know how anyone can put Minnesota in this company of states with "horrible senators." Amy Klobuchar and Tina Smith represent Minnesota wisely and fairly, thank you very much!

LeftInTX

(34,544 posts)
23. Ooppss...I don't even know how I ended up typing MN...Can't remember what state I was thinking of..
Wed Dec 9, 2020, 03:16 AM
Dec 2020

It certainly wasn't MN....

LeftInTX

(34,544 posts)
25. I know..I fixed it
Wed Dec 9, 2020, 03:21 AM
Dec 2020

I think I might have seen MN upthread and transposed it.maybe MN should be suing Texas, but poor MN got put in the wrong aisle...

blueinredohio

(6,797 posts)
18. How do these lawsuits get heard so fast
Wed Dec 9, 2020, 02:57 AM
Dec 2020

when it normally takes months or years to get heard at the Supreme Court?

Sympthsical

(11,017 posts)
20. Original jurisdiction
Wed Dec 9, 2020, 03:07 AM
Dec 2020

Basically, there are no lower courts that have jurisdiction in state vs. state matters. Any state that sues another state goes straight to the Supreme Court. No appellate, circuit, etc.

It'd be like God telling Satan after he complained about Jesus, "Well, did you ask a priest about it first?"

You don't start these sorts of matters on a lower rung.

speaknow

(321 posts)
19. I thought that case was dismissed.
Wed Dec 9, 2020, 02:58 AM
Dec 2020

What happened to State rights? No state can tell
another state what they should do.

Buns_of_Fire

(19,180 posts)
32. That's what I wonder. How does Texas have standing in this case?
Wed Dec 9, 2020, 08:07 AM
Dec 2020

Sure, SCOTUS can referee interstate matters -- but this doesn't seem to fall into that category. How has Texas been harmed by what Georgia does?

(I ask this not being a lawyer by any stretch of the imagination.)

grantcart

(53,061 posts)
47. It doesn't but they have to receive it to declare no standing
Wed Dec 9, 2020, 12:17 PM
Dec 2020

As Rachel pointed out this is Paxton's move to get a pardon

He is facing serious federal prosecution.

duforsure

(11,885 posts)
27. If they accept this case to hear ,
Wed Dec 9, 2020, 05:27 AM
Dec 2020

Expect many, many more to follow, and from blue states suing them back for numerous election procedures they use to toss ballots from Democrats out using signatures not matching.

Takket

(23,742 posts)
31. I think they want to hear this...
Wed Dec 9, 2020, 07:08 AM
Dec 2020

Just so they can completely and thoroughly crush this case when they rule on it and excoriate the Texas AG and drumpf for abusing the courts. Maybe even threaten them with sanctions.

In other words they want the litigation to stop.

onenote

(46,184 posts)
35. Not likely
Wed Dec 9, 2020, 08:37 AM
Dec 2020

Far more likely that they’ll simply deny the request for relief with no comment apart from a dissent from Thomas who, consistent with his position in previous state v state cases is of the view that because the court has exclusive original jurisdiction in such cases, the court does not have the same discretion not to hear the case that it has with other cases that come to it under the court’s appellate jurisdiction.

Dr. Strange

(26,058 posts)
46. That's what I'm wondering.
Wed Dec 9, 2020, 12:16 PM
Dec 2020

They're seeing these cases flying around and with an already over-burdened system they may be itching to hammer the attorneys that are pushing these ridiculous theories.

Vinca

(54,127 posts)
36. The response should be a laugh track. This is the dumbest lawsuit in the history of lawsuits.
Wed Dec 9, 2020, 08:48 AM
Dec 2020

ScratchCat

(2,750 posts)
45. That was my first thought
Wed Dec 9, 2020, 12:10 PM
Dec 2020

Who on earth is supposed to issue a response? Those States? And say what? "We get to set our election laws just like Texas". It makes no sense, and I bet the court didn't actually "ask for responses" just as no States actually joined the lawsuit like some people are trying to claim.

bluestarone

(22,294 posts)
41. STUPID fucking lawsuit BUT
Wed Dec 9, 2020, 10:48 AM
Dec 2020

I'm beginning to think we could have 4 more years of THIS TYPE bullshit!! Almost everyday, just to piss us ALL off!

Mike 03

(18,690 posts)
48. Yes, and so that Trump can keep raising money.
Wed Dec 9, 2020, 12:21 PM
Dec 2020

Hopefully the news media will stop reporting on these suits soon, though. It just doesn't make sense to keep covering it after a certain point.

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