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the trump election lawsuit thread of dominance


henrygandorf

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12 minutes ago, TwiceHorn said:

Meaning in all likelihood it is going to draw an opinion, unlike the two other procedures, which are simple yes/no votes typically reported by the court as yes or no, sometimes elaborated upon by a dissent of a page or so.

There's a lot of shit to sort through, and while the conclusion, I believe, is foregone, the precise grounds on which to deny it will take some deliberation.

It should just be this: 

 

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If anyone cares, I looked up some of the briefs on Supreme Court original jurisdiction in the Arizona v. California case linked by Tom Goldstein in his SCOTUSBlog editorial, which had the dissent by Alito and Thomas.

This is the US' brief on whether they should exercise jurisdiction.  https://www.supremecourt.gov/DocketPDF/22/22O150/124942/20191209153732212_No. 150 Original State of Arizona.pdf

The discussion of the factors is at pp. 7-9.  The really pithy quote is this:

“[t]he model case for invocation of this Court’s original jurisdiction is a dispute between States of such seriousness that it would amount to casus belli if the States were fully sovereign.”

Although it uses "discretionary,"  I think that's a bit of a misnomer, because as lawdogs who took a federal courts class know, "federal courts are courts of limited jurisdiction," even when the Constitution gives them jurisdiction, and have a duty to examine their own jurisdiction every time they take up a case.

 

 

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3 minutes ago, aggie08 said:

After these 4 years, it's hard to blame anyone for being just a little bit nervous right now. Until Jan 20, I'm still not entirely sure if facts and reason are allowed to matter yet.

i got a pit in my stomach right when they went to the breaking news graphics.

i shouldn't have, but i did.

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Where is it??? I'm on SCOTUS docket page and it isn't there?

Oh, hahaha, fucktards are still filing motions to intervene and file amicus briefs.

The State of Texas’s motion for leave to file a bill of complaint is denied for lack of standing under Article III of the Constitution. Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections. All other pending motions are dismissed as moot. Statement of Justice Alito, with whom Justice Thomas joins: In my view, we do not have discretion to deny the filing of a bill of complaint in a case that falls within our original jurisdiction. See Arizona v. California, 589 U. S. ___ (Feb. 24, 2020) (Thomas, J., dissenting). I would therefore grant the motion to file the bill of complaint but would not grant other relief, and I express no view on any other issue.
Edited by TwiceHorn
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https://www.supremecourt.gov/orders/courtorders/121120zr_p860.pdf

 

Quote

  ORDER IN PENDING CASE

TEXAS V. PENNSYLVANIA, ET AL.
The State of Texas’s motion for leave to file a bill of


complaint is denied for lack of standing under Article III of
the Constitution.  Texas has not demonstrated a judicially
cognizable interest in the manner in which another State
conducts its elections.  All other pending motions are dismissed
as moot.

Statement of Justice Alito, with whom Justice Thomas joins: In my view, we do not have discretion to deny the filing of a bill of complaint in a case that falls within our original jurisdiction. See Arizona v. California, 589 U. S. ___
(Feb. 24, 2020) (Thomas, J., dissenting). I would therefore grant the motion to file the bill of complaint but would not grant other relief, and I express no view on any other issue.


                 CERTIORARI GRANTED

GOLDMAN SACHS GROUP, ET AL. V. AR TEACHER RETIREMENT, ET AL. The petition for a writ of certiorari is granted.

 

Edited by Francisco 2.0
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I was hoping for a more scathing opinion but this is good enough. None of the justices would grant any relief. That’s a good thing. 
 

Basically Alito and Thomas would have allowed the felon to file it but then dismiss it whereas the majority just said you're so full of shit you don’t get to file at all.

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NSIAP, but an angle on the story from Texas Tribune:  https://www.texastribune.org/2020/12/11/texas-lawsuit-supreme-court-election-results/?utm_source=Texas+Tribune+Newsletters&utm_campaign=201d153c37-trib-newsletters-breaking-alert&utm_medium=email&utm_term=0_d9a68d8efc-201d153c37-101204549&mc_cid=201d153c37&mc_eid=e270f9fe31

There was no way they were going to let the EC voters head to their State Capitols with this kind of ambiguity this weekend.  

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Just now, Snacks said:

Fucking Clarence....

The thing is, their dissenting opinion -- setting aside ALL consideration of the subject matter, politics, merits, etc. -- is fucking legally gotdamn stupid and wrong.

The court has jurisdiction to hear suits between states.  We all get that.

BUT, if the suit is NOT actually between States -- that is, the capacity in which it is brought is actually on behalf of individual citizens of a State, and the State of Texas (as a distinct entity --- a State) has no standing to bring the claim that it seeks to file......then it is not a suit between the states.  It is in reality a suit of "A suit on behalf of the citizens of Texas, filed by the AG of Texas, against the State of Pennsylvania."  And SCOTUS does not have original jurisdiction for that case.  Cases that facially lack jurisdiction can and should be dismissed by the court.  And if leave is required to even file the case, and the court determines that the case isn't of the nature that would satisfy the jurisdictional requirements for leave to be granted -- then just deny leave, period.  Which is what 7 of them got right.

Alito thinks he's smarter than he is. He's not.  And Clarence....well, that dumbass just finds a different dog to follow around, playing second fiddle to moronity.  He did much better when he had Scalia to follow -- at least Scalia was super smart.

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