The National  Memo Logo

Smart. Sharp. Funny. Fearless.

Monday, December 09, 2019 {{ new Date().getDay() }}

Photo by Gordon Johnson from Pixabay

Reprinted with permission from Alternet

As was expected by countless legal observers, the United States Supreme Court threw out a Texas lawsuit on Friday night that had sought to overturn the 2020 presidential election.

The court said that Texas, which argued that four key swing states that had voted for President-elect Joe Biden had improperly conducted their elections, didn't have standing to bring its case.


"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," it said. "All other pending motions are dismissed as moot."

"It's over," said Brad Heath, a legal reporter for Reuters. "The court's decision - that Texas lacks standing to bring this case - means it could not and did not reach the other issues. But these claims have all been rejected for many, many, many other reasons by other state and federal courts. Many."

In fact, the case was largely rejected as a joke even by many conservative legal experts. While the standing issue proved a key roadblock, the case would have almost certainly failed on the merits had the court agreed to hear it.

But much of the GOP didn't see it that way, or at least pretended not to see it that way. Seventeen GOP attorneys general signed on to the suit, brought first by Texas Attorney General Ken Paxton, who many believe was simply trying to please Trump to get a pardon. More than 100 Republican members of the House also voiced support for the argument.

Trump himself threw his weight behind the push to overturn the election. After more than 50 cases brought in an effort to undo Biden's win had failed, the president said this case was the real deal:


He was wrong.

Conservative Justice Samuel Alito wrote an additional comment, joined by fellow conservative Justice Clarence Thomas:

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.

This means that while Alito and Thomas thought that though the law would have required the court to let Texas to file its arguments, they wouldn't have issued any injunction to block the finalization of the election. The Electoral College is slated to meet on Monday to cast a majority of its votes for Biden. Despite Trump's hopes, the Supreme Court has no plan intention of stopping it.

Start your day with National Memo Newsletter

Know first.

The opinions that matter. Delivered to your inbox every morning

President Joe Biden

As the nation's political press obsesses over the fate of the administration's Build Back Better proposal, nothing less than the ultimate success or failure of Joe Biden's presidency is said to be at stake. And yet here's the great paradox: taken separately, the elements of the Democrats' social spending proposals poll extremely well.

According to a recent CBS News poll, support for federal funding to reduce prescription drug prices is favored by 88 percent of American voters. Adding Medicare coverage of dental, eye and hearing polls at 84 percent. Another 73 percent back expanding paid family and medical leave. And 67 percent think that universal pre-kindergarten programs for three and four year olds are a good idea.

Keep reading... Show less

Dr. Anthony Fauci

By Humeyra Pamuk

WASHINGTON (Reuters) - Vaccines for kids between the ages of 5 and 11 will likely be available in the first half of November, top U.S. infectious disease expert Anthony Fauci said on Sunday, predicting a timetable that could see many kids getting fully vaccinated before the end of the year.

Keep reading... Show less
x
{{ post.roar_specific_data.api_data.analytics }}