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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsA Question inspired by Texas Attorney Generals petition to the Supremes.....For the lawyers here?
I live in a state with fairly stringent guidelines for Covid Safety. Masks are required in all indoor public spaces and retail establishments are prohibited from having more than a certain number of patrons. As a result we have one of the lower numbers of reported cases of Corona. The neighboring state has no such regulations and has an extremely high covid reporting rate.
Since all state borders are open and citizens can and do move freely around the country...Can those states with mask requirements then sue the states without requirements then as they are placing our citizens at risk. In addition their citizens are using some of our precious hospital and medical resources as their hospitals are filling up and patients are being moved across borders. (No, I don't want to deprive a sick person of a hospital bed because of their address.....It's a hypothetical question)
PoliticAverse
(26,366 posts)that screen people entering the state (See https://en.wikipedia.org/wiki/California_Border_Protection_Stations )
Retrograde
(10,132 posts)Botanically, California is an island surrounded on all sides by ocean, mountains, or deserts. The agricultural inspection stations are there to help prevent plant pests from entering the state, which could have a bad effect on one of our biggest industries, agriculture. Unless they've repurposed them (I haven't been outside of the state in 2020) they aren't equipped to check people.
And then there are all those who fly in - no inspection there!
NameAlreadyTaken
(977 posts)and are not enforced much. Most of the time they just wave you through. There are only 16 of the stations and many other possible points of entry into California that don't involve goung through a station.
dware
(12,325 posts)I frequently travel south on I-15 and I have to stop at one between Baker and Barstow and show them my manifest, a couple of times I've had CHP wave me to the truck inspection lane and do a Level III inspection, which I passed with flying colors.
LeftInTX
(25,201 posts)hlthe2b
(102,190 posts)similar issues that can ONLY be settled on a Federal level by the highest court. That is why they unceremoniously shot down Nebraska and Oklahoma's attempt (with Wyoming waiting in the wings) to sue Colorado over its liberal marijuana laws that they claimed adversely impacted them. There was never the intention to allow direct-to-SCOTUS lawsuits for issues that can (and HAVE) already been settled in state courts.
So, no. SCOTUS is not about to open up that door.
skip fox
(19,356 posts)and have helped me to breath.
Gothmog
(145,046 posts)Gothmog
(145,046 posts)The poster on the Volko website are conservative but are bright https://reason.com/volokh/2020/12/09/how-the-supreme-court-can-swiftly-dispose-of-the-texas-lawsuit-seeking-to-overturn-the-election/
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.
UTUSN
(70,671 posts)NoMoreRepugs
(9,400 posts)Party the only valid party in America??