Sunday, February 14, 2021

The Supreme Court Dismisses

 Now that the US Supreme Court dismissed the Texas challenge to the elections today, the party is over for election challenges.

I mentioned yesterday that it would not be surprising if one or more justices would dissent from the dismissal. I said: “But don’t read anything into that. Some justices are on record that all original jurisdiction cases should at least get beyond the dismissal stage.”
One important part of the dissent is that Alito (with Thomas) said “I would therefore grant the motion to file the bill of complaint but would not grant other relief.” This is exceptionally telling because it says they would not have granted the injunction to stop the process while the case was being heard.
So, effectively, all nine justices are on record as saying that there was no basis to stop the process of confirming President-elect Biden. Furthermore, all three of the Trump-appointed justices agreed that the case should be dismissed. [Written December 11, 2020]

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