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In reply to the discussion: The Judiciary HAS held [View all]

Gothmog

(177,833 posts)
39. Tomorrow may be interesting
Thu Dec 10, 2020, 07:51 PM
Dec 2020

From Prof. Hasen's election law blog. https://electionlawblog.org/?p=119508

The Supreme Court today in Carney v. Adams turned back a suit for lack of standing. The Court quoted from an earlier opinion by Justice Powell, in words that might be thought to have some bearing on the case Texas wants the Court to hear:

In other words, a plaintiff cannot establish standing by asserting an abstract “general interest common to all members of the public,” id., at 440, “no matter how sincere” or “deeply committed” a plaintiff is to vindicating that general interest on behalf of the public, Hollingsworth, supra, at 706–707. Justice Powell explained the reasons for this limitation. He found it “inescapable” that to find standing based upon that kind of interest “would significantly alter the allocation of power at the national level, with a shift away from a democratic form of government.” United States v. Richardson, 418 U. S. 166, 188 (1974) (concurring opinion). He added that “[w]e should be ever mindful of the contradictions that would arise if a democracy were to permit general oversight of the elected branches of government by a non-representative, and in large measure insulated, judicial branch.” Ibid.; see also Schlesinger v. Reservists Comm. to Stop the War, 418 U. S. 208, 222 (1974); Warth v. Seldin, 422 U. S. 490, 500 (1975)
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Today's ruling may play a case in the SCOTUS review of the Texas lawsuit

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The Judiciary HAS held [View all] EffieBlack Dec 2020 OP
You called it, Effie. sheshe2 Dec 2020 #1
Yes m'am, I remember your post about this fourteen years ago, Effie!! Leghorn21 Dec 2020 #2
It sure does feel that long ago! EffieBlack Dec 2020 #4
Cool are you the one who said OhZone Dec 2020 #3
K & R malaise Dec 2020 #5
not until biden is sworn in. always time for more attakcs nt msongs Dec 2020 #6
When I saw you post this promise many moons ago, I took heart... Mister Ed Dec 2020 #7
I believe you assured us of this long ago. Cracklin Charlie Dec 2020 #8
Thank God coeur_de_lion Dec 2020 #9
I must admit, I had many doubts mcar Dec 2020 #10
It makes me very proud of our country Nictuku Dec 2020 #11
I was sure it would. The Velveteen Ocelot Dec 2020 #12
This message was self-deleted by its author geralmar Dec 2020 #30
That was my exact thought, too! AwakeAtLast Dec 2020 #13
I remember your post on this. At the time, I took heart. crickets Dec 2020 #14
never in doubt, really mnmoderatedem Dec 2020 #15
I've been saying for a couple of years that when it comes down to it, regardless.... George II Dec 2020 #16
For now. octoberlib Dec 2020 #17
Ditto tiredtoo Dec 2020 #18
You mean like they heard the PA case? nt. dware Dec 2020 #34
Hopefully yes. nt tiredtoo Dec 2020 #38
You gave me Gilbert Moore Dec 2020 #19
For now sandensea Dec 2020 #20
If anything, this has established as clear as day BumRushDaShow Dec 2020 #21
Well put! I wonder ancianita Dec 2020 #22
I think the gist of the arguments in the 2013 VRA case BumRushDaShow Dec 2020 #23
Thanks. Helpful history. ancianita Dec 2020 #24
Legacy jonstl08 Dec 2020 #25
I remember when you posted that. Thank you so much for the reminder. Even now... Hekate Dec 2020 #26
Yes! DesertRat Dec 2020 #27
Kicked and recommended. ❤ nt littlemissmartypants Dec 2020 #28
K&R betsuni Dec 2020 #29
I was worried Gothmog Dec 2020 #31
One more case and we can relax completely Maeve Dec 2020 #32
Yes they have, and so has the Military by publicly stating that they have dware Dec 2020 #33
Kick betsuni Dec 2020 #35
I miss your posts Effie. Caliman73 Dec 2020 #36
So far so good Bettie Dec 2020 #37
Tomorrow may be interesting Gothmog Dec 2020 #39
K&R! (nt) ProfessorGAC Dec 2020 #40
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