Supreme Court Turns Down Texas Election Case

This evening the Supreme Court denied the motion by the State of Texas, supported by 18 other states, to seek to overturn election results in four other states. The vote was 7-2; Justices Alito and Thomas said that they would have granted Texas’s motion for leave to file a complaint, but denied any further relief.

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.

That result was easy to predict, and it is probably right. It is easy to imagine nightmare scenarios if, in future elections, states rush to the Supreme Court to try to block other states’ electoral votes on one theory or another.

The Court’s decision means that Joe Biden will be inaugurated as our next president, even though he may well not have won the election legitimately. The factual question of whether the Democrats stole the election will be debated for years to come. In the meantime, the press will claim that the failure of various lawsuits challenging election results means that there was, in fact, no voter fraud. That inference is obviously false, but no doubt will be accepted by some gullible consumers of the news.

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