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Now that Trump joined Texas lawsuit The Supreme Court has no jurisdiction in this farce of a case (Original Post) Saboburns Dec 2020 OP
So it is Trump and the state of Texas suing the other states exboyfil Dec 2020 #1
No. It is a state v state case within the original jurisdiction of the Supreme Court. onenote Dec 2020 #11
Whoopsie rurallib Dec 2020 #2
Looking at the past few months, I think grumpyduck Dec 2020 #3
dear trump, we were doing what YOUR cdc said do do and YOU said to do. AllaN01Bear Dec 2020 #4
It just keep getting more insane each day liberal N proud Dec 2020 #5
He's requested to intervene. That has not been granted. Nevilledog Dec 2020 #6
did he actually join the case? or just tweet that he'd "intervene"? unblock Dec 2020 #7
He hasn't joined the lawsuit yet, dware Dec 2020 #8
Joinder is discretionary, so we'll see. But what I think is going on here is: The Velveteen Ocelot Dec 2020 #12
Paxton's indictment is a state indictment, not federal. onenote Dec 2020 #26
There were some civil SEC charges filed against him, which were dismissed, but The Velveteen Ocelot Dec 2020 #28
I have no doubt that you are correct about the pardon. dware Dec 2020 #41
A president who is supposed to be president to all Americans blueinredohio Dec 2020 #13
He's seeking to intervene as a candidate, not in his official capacity. onenote Dec 2020 #15
If he can intervene as a candidate blueinredohio Dec 2020 #16
Were they candidates? I don't think so. onenote Dec 2020 #21
You're saying it has to be someone who was a candidate in this election? blueinredohio Dec 2020 #33
yep onenote Dec 2020 #36
Were there people from these states who weren't candidates this election? blueinredohio Dec 2020 #40
Question for you: If Trump has standing as a candidate, which arguably he does, The Velveteen Ocelot Dec 2020 #29
He would have to sue in a lower court. onenote Dec 2020 #30
That's what I thought. He could be screwing himself with this move, The Velveteen Ocelot Dec 2020 #31
The attorney representing him in the SCOTUS is a joke. onenote Dec 2020 #35
John C. Eastman - quite a piece of work. The Velveteen Ocelot Dec 2020 #37
Maybe not - it's possible the court has supplemental jurisdiction, The Velveteen Ocelot Dec 2020 #9
False. The Supreme Court can and does permit non-state intervenors in original jurisdiction cases. onenote Dec 2020 #10
All this with ZERO evidence of fraudulent voting. world wide wally Dec 2020 #14
I thought it was W.C. Fields that said that..... Squidly Dec 2020 #17
You may be right on WC Fields world wide wally Dec 2020 #18
Groucho Marx once said that to me DFW Dec 2020 #20
Love your stories DFW! Squidly Dec 2020 #39
Not actually StarfishSaver Dec 2020 #19
They may deny it, but the Court can and does permit non-state intervenors in state v state cases. onenote Dec 2020 #22
I didn't say it was a given. Note my use of the word "likely" StarfishSaver Dec 2020 #24
I guess his intervention will backfire. 2naSalit Dec 2020 #23
His intervention won't be determinative of the outcome. onenote Dec 2020 #25
Thanks for clearing this up Saboburns Dec 2020 #27
What evidence does Texas has that Georgia or Michigan fraudulently ran their elections. Blue_true Dec 2020 #32
No more evidence than any of the other 54 failed lawsuits were able to produce. The Velveteen Ocelot Dec 2020 #38
The sooner this clusterfuck of a shit show ends the better! Initech Dec 2020 #34

exboyfil

(18,359 posts)
1. So it is Trump and the state of Texas suing the other states
Wed Dec 9, 2020, 06:51 PM
Dec 2020

And it goes to the state courts?

onenote

(46,142 posts)
11. No. It is a state v state case within the original jurisdiction of the Supreme Court.
Wed Dec 9, 2020, 07:06 PM
Dec 2020

The Court has repeatedly held, for over 100 years, that it can consider and allow a non-state entity to intervene in such a case in certain circumstances.

grumpyduck

(6,672 posts)
3. Looking at the past few months, I think
Wed Dec 9, 2020, 06:53 PM
Dec 2020

the GOP is channeling the comic strip character Pogo:

"We have met the enemy and he is us."

AllaN01Bear

(29,494 posts)
4. dear trump, we were doing what YOUR cdc said do do and YOU said to do.
Wed Dec 9, 2020, 06:55 PM
Dec 2020

YOU republicans put in mail in ballots in ca and other states to get around democrats . so, u wanted all of us to show up at the polls and get sick. end of scentance .

unblock

(56,198 posts)
7. did he actually join the case? or just tweet that he'd "intervene"?
Wed Dec 9, 2020, 06:59 PM
Dec 2020

in any event, i don't see that texas has any standing anyway. there's nothing "interstate" about each state's own elections.

dware

(18,060 posts)
8. He hasn't joined the lawsuit yet,
Wed Dec 9, 2020, 07:01 PM
Dec 2020

he's asked the SC if he can join, and AFAIK, the SC hasn't ruled on that yet.

Trump Asks Supreme Court To Let Him Join Widely Scorned Texas Election Lawsuit

Election experts scoffed on Tuesday when Texas Attorney General Ken Paxton announced he would be filing a lawsuit in the Supreme Court against four key states in an attempt to block presidential electors from finalizing Joe Biden's election victory.

But now President Trump and 17 states he carried are joining that effort.

Officials in all of the states targeted in the suit — Georgia, Wisconsin, Michigan, and Pennsylvania derided it as nothing more than an unfounded publicity stunt.

The lawsuit may be a typically adept Trump move to get attention, but election law experts say he has little chance of getting the Supreme Court to support his move.


https://www.npr.org/2020/12/09/944744105/trump-asks-supreme-court-to-let-him-join-widely-scorned-texas-election-lawsuit

The Velveteen Ocelot

(130,536 posts)
12. Joinder is discretionary, so we'll see. But what I think is going on here is:
Wed Dec 9, 2020, 07:08 PM
Dec 2020

1. Indicted Texas AG Paxton wants a pardon, so he slaps together this cockamamie lawsuit designed only to curry favor with His Lardship, even though he must know he can't win because there is no conceivable theory under which a state has standing to complain about other states' constitutional power to manage their own elections.

2. Trump gets all aroused at the awesomeness of this lawsuit, all the other 50+ cases having been tossed into the dumpster out behind the courthouses and lit on fire, so he announces he wants to be in on it.

3. Eighteen other GOP state governors and AGs, having observed His Lardship's state of arousal, now want in as well, hoping the MAGAts in their state won't primary them if they make HL happy, and won't bomb their houses either. And maybe some of them will also need pardons.

onenote

(46,142 posts)
26. Paxton's indictment is a state indictment, not federal.
Wed Dec 9, 2020, 08:38 PM
Dec 2020

Although I suppose he could be fishing for a preemptive pardon of federal crimes he knows he's committed but for which he hasn't been charged.

The Velveteen Ocelot

(130,536 posts)
28. There were some civil SEC charges filed against him, which were dismissed, but
Wed Dec 9, 2020, 08:47 PM
Dec 2020

although the current indictments are under state law, there have been so many recent claims by whistleblowers in his office, and he seems so utterly stinky, that I'm betting he'd be happy to have a pardon from Trump for whatever bad federal thing he might have done. The FBI is investigating him now, https://apnews.com/article/ken-paxton-austin-texas-crime-f8413d14842d848e69cf81bb4d2e87e2 so there could be federal charges down the road.

And what would stop Trump from also leaning on that toady Gov. Abbott to offer a state pardon as a reward?

dware

(18,060 posts)
41. I have no doubt that you are correct about the pardon.
Wed Dec 9, 2020, 09:46 PM
Dec 2020

He knows that this lawsuit has very little chance of succeeding, but he's thinking that Pissolini will owe him a pardon, because, hey, I tried, but YOUR people on the Supreme Court went against you.

Now, about that pardon Mr. Pres?

blueinredohio

(6,797 posts)
13. A president who is supposed to be president to all Americans
Wed Dec 9, 2020, 07:35 PM
Dec 2020

is suing some of those Americans? WTF?

onenote

(46,142 posts)
15. He's seeking to intervene as a candidate, not in his official capacity.
Wed Dec 9, 2020, 07:58 PM
Dec 2020

And the government, which represents all Americans, brings lawsuits against some Americans several times every day.

blueinredohio

(6,797 posts)
16. If he can intervene as a candidate
Wed Dec 9, 2020, 08:06 PM
Dec 2020

can't every KKK member, proud boy etc. join the lawsuit too?

blueinredohio

(6,797 posts)
33. You're saying it has to be someone who was a candidate in this election?
Wed Dec 9, 2020, 09:01 PM
Dec 2020

Only this election?

The Velveteen Ocelot

(130,536 posts)
29. Question for you: If Trump has standing as a candidate, which arguably he does,
Wed Dec 9, 2020, 08:49 PM
Dec 2020

but the Supreme Court dismisses all the state plaintiffs for lack of standing because they probably don't have any, does the court retain original jurisdiction over Trump's claim or would he have to start over in a federal district court?

The Velveteen Ocelot

(130,536 posts)
31. That's what I thought. He could be screwing himself with this move,
Wed Dec 9, 2020, 08:53 PM
Dec 2020

but he doesn't seem to be getting decent legal advice, considering who's working for him these days.

onenote

(46,142 posts)
35. The attorney representing him in the SCOTUS is a joke.
Wed Dec 9, 2020, 09:08 PM
Dec 2020

The law school he teaches at is second rate and he's the author of a really stupid article claiming Kamala Harris isn't a natural born citizen.

The Velveteen Ocelot

(130,536 posts)
9. Maybe not - it's possible the court has supplemental jurisdiction,
Wed Dec 9, 2020, 07:02 PM
Dec 2020

meaning a party with the same claim on the same facts might be permitted in the court's discretion to intervene. However, the whole case is such a dog's breakfast with respect to the question of standing, just for starters, that I'd be surprised if it survives past the initial pleadings.

Also, in a case where the Supreme Court has original jurisdiction it acts as a trial court, with all the requirements and procedures that go with a normal trial (though this would not be a jury trial). Just the scheduling for all the pleadings and discovery would take the trial, if there were to be one, well into January if not later. In the meantime Biden is sworn in as president and the whole thing becomes moot - if it isn't already when the Electoral College votes next week.

onenote

(46,142 posts)
10. False. The Supreme Court can and does permit non-state intervenors in original jurisdiction cases.
Wed Dec 9, 2020, 07:04 PM
Dec 2020

Not sure where you got your information, but its wrong.

As the Supreme Court stated in 2010, it "has granted leave, under appropriate circumstances, for nonstate entities to intervene as parties in original actions between States for nearly 90 years." In other words, a request by a third party to intervene in a state v. state original jurisdiction case will not cause the Supreme Court to dismiss the case.

world wide wally

(21,836 posts)
14. All this with ZERO evidence of fraudulent voting.
Wed Dec 9, 2020, 07:37 PM
Dec 2020

Is Trump at least paying for all this?

In the immortal words of Humphry Bogart, "Go away kid. You bother me"

 

StarfishSaver

(18,486 posts)
19. Not actually
Wed Dec 9, 2020, 08:19 PM
Dec 2020

He moved to intervene, but the Court has not granted his motion, so he has not joined the suit. And since, as you noted, the Court only has jurisdiction if it's a state suing another state, the Court will likely deny his motion (if it's not sooner rendered moot by virtue of the Court refusing to take the case at all).

onenote

(46,142 posts)
22. They may deny it, but the Court can and does permit non-state intervenors in state v state cases.
Wed Dec 9, 2020, 08:29 PM
Dec 2020

So its not a given.

onenote

(46,142 posts)
25. His intervention won't be determinative of the outcome.
Wed Dec 9, 2020, 08:37 PM
Dec 2020

Notwithstanding what the OP claims, the Supreme Court can and does permit a non-state intervenor in a state v state case under certain circumstances. And if they choose not to allow it, they'll simply deny Trump's petition -- it alone won't cause them to reject the Texas complaint (which they probably will reject for reasons unrelated to Trump's attempt to intervene).

Blue_true

(31,261 posts)
32. What evidence does Texas has that Georgia or Michigan fraudulently ran their elections.
Wed Dec 9, 2020, 08:57 PM
Dec 2020

Both Michigan and Georgia have double-checked their outcome, Georgia triple-checked it’s outcome and arrived at the same conclusion.

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