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Victory for Common Sense: Supreme Court Rejects Texas Lawsuit

Supreme Court Ruling

Here is the Complete Ruling

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. 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
.

Background

Paxton’s suit asked justices to extend the deadline for election certification to Dec. 14, buying time for officials to investigate alleged voting irregularities in the four states.

  • 17 states filed a brief in the Supreme Court in support of Texas, including Alabama, Arkansas, Florida, Indiana, Kansas, Louisiana, Mississippi, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Utah and West Virginia.
  • Over 100 House Republicans also backed the suit, including Minority Whip Steve Scalise (La.). Minority Leader Kevin McCarthy (Calif.) notably did not sign onto the brief.
  • The state of Ohio — where Trump won — also wrote in opposition to the suit: “[T]he relief that Texas seeks would undermine a foundational premise of our federalist system: the idea that the States are sovereigns, free to govern themselves.”

Background courtesy of Axios.

Case Was Clear Long Ago

This was clear long ago and for reasons easily explained.

What Happened to Laser Eyes?

What happened to laser-eyes Amy Coney Barrett?

Damn, how humiliating. 

The Big One

Team Trump has not won a single case including “The Big One”. 

Victory

Trump was correct when he stated “Our country needs a victory!” 

Today, the Supreme court delivered a clear, precise, and resounding victory of common sense over those who attempted to steal the election by outlandish disenfranchisement. 

Mish

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105 Comments
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Nodak1
Nodak1
5 years ago

Its so sad, sleepwalking

Casual_Observer
Casual_Observer
5 years ago

dgmdgm
dgmdgm
5 years ago

No, Anda, “Texas has not shown an interest” is not shorthand for “Texas has not demonstrated a judicially cognizable interest”. Those extra two words “judicially cognizable” are essential. SCOTUS is pointing out that a court of law cannot hear disputes about hypothetical harm. An argument like “the result of this election might be a federal government with policies that might be contrary to the interests of some Texans” doesn’t cut it.

The rest of your points are equally nonsensical.

MSCowboy
MSCowboy
5 years ago

I’ve followed Mish for years, since at least 2005, but it’s only been the past year so that I’ve seen him and this blog turn hard left. I’m out—doesn’t impress me anymore. It used to be really good.

njbr
njbr
5 years ago
Reply to  MSCowboy

I guess you don’t really kniw what “hard left” means….

Sorry you fee-fees are hurt. Prhaps a little time in your safe space would help. Parler may comfort you.

Lance Manly
Lance Manly
5 years ago
Reply to  MSCowboy

Is respect for the law only a left wing thing?

Louis Winthorpe III
Louis Winthorpe III
5 years ago
Reply to  MSCowboy

We can thank Trump for this kind of response. He has made it so that you are either a Trump Cultist or you are with the radical hard left.

Complete nonsense.

xilduq
xilduq
5 years ago
Reply to  MSCowboy

bye

Carl_R
Carl_R
5 years ago
Reply to  MSCowboy

Regardless of whether you are “left” or “right” or “libertarian”, you can can’t dispute that nearly every prediction he has made has been correct.

Eddie_T
Eddie_T
5 years ago
Reply to  Carl_R

Yes, Mish has pretty much nailed it, right down the line.

I will admit to having a mild case of TPS myself…and I read Mish for therapy. It always makes me feel better.

I already did all those other things he recommended to treat TPS…including giving social media a complete pass…..but my Trump paranoia must be deep-seated.

It bothers me that it took so many of you so long……to see him for what he really is…..when I saw it from day one. But I followed him long ago, way before he was a TV star…..

I never watched that realty show of his even once. Not my kind of entertainment.

But I think now he should do a show on TV were he plays the President….He could do all the stupid things he wants, always look like a genius, maybe even have a secret identity and be a part-time superhero………and his base could watch it and they wouldn’t even know the difference.

In Trumplandia they could build a fake wall, shoot down Antifa scum like dogs, and make the world safe for suburban white women and Pro-Life Christians everywhere.

Fans could send in 20 bucks and get a secret decoder ring and for $20K they could get a Diploma from Trump University , which would qualify them to become real estate tycoons and make millions (in the Trump LARP game, I mean).

Sechel
Sechel
5 years ago
Reply to  MSCowboy

Member since March 2020

ColoradoAccountant
ColoradoAccountant
5 years ago
Reply to  MSCowboy

Foolish Cowboy. Mish left Illinois for Utah. Watching Utah vs. Colorado as we speak, currently 24-21 Utah.

FromBrussels
FromBrussels
5 years ago

Your president elect is a Deep State con man, much WORSE than your orange clown and his black & white, dems and reps, predecessors…..oh yeah, that’s right… they were all shooo ‘politically’ correct….fckn cheaters and liars ….Congrats anyway yanks…with your beloved Biden!

njbr
njbr
5 years ago
Reply to  FromBrussels

For a guy who lives in another country, you sure are bitter and angry.

What really is in it for you, komrad?

FromBrussels
FromBrussels
5 years ago
Reply to  njbr

Bitter and angry ? Nope… I am merely worried about my considerable US$ portfolio, and how this political, social, economic mess is going to pan out…. Could ask you the same about Brexit though….What is in it for you, mate ?

SoCaliforniaStan
SoCaliforniaStan
5 years ago
Reply to  FromBrussels

Why not sell out now, while the market is at the top? Invest in Russia. (This is probably the best free advice you’ll ever get. At least the sell part.)

jfpersona1
jfpersona1
5 years ago
Reply to  FromBrussels

“I am merely worried about my considerable US$ portfolio”

Sure you are. As outlined above, if you’re so worried there is an easy way to fix that — just sell. The market is rather frothy and is at generally the highest levels it’s ever been. You would almost certainly book large gains and they would be protected from the inevitable losses you’re predicting.

But somehow I doubt that is what you’re going to do.

I also doubt it would make any difference one way or the other.

njbr
njbr
5 years ago
Reply to  FromBrussels

Did you lose your performance bonus this election cycle?

ColoradoAccountant
ColoradoAccountant
5 years ago
Reply to  FromBrussels

Our Founders created a system where-in any clown could be President because a strong, large, deadly central government was designed out of their Constitution. Oops!!

Greenmountain
Greenmountain
5 years ago

A couple of notes –

  1. For conservatives I am really shocked a conservative state would file any case challenging the actions of another. I would happily have Vermont challenge a few of Texas state laws but we have something in this country called States rights. And it was my understanding that most conservatives took this very seriously. Dont tread on my soil and I will not tread on yours.
  2. For my Republican friends who think the vote was stolen by the use of mail-in ballots, I have questions about the number of votes that were suppressed because of laws requiring a specific address so members of Native American tribes can not vote as they may not use specific addresses, or lack of polling places in minority neighborhoods, the recent law in Fl requiring all fines to be paid before a felon can regain voting rights. Rigging occurs on both sides of the aisle. Maybe we should focus on how we encourage people to vote. Not how we deny voter rights.
Carl_R
Carl_R
5 years ago
Reply to  Greenmountain

And that’s the main reason why this case had to be rejected. What happened in Pennsylvania had no impact on the right of Texas to have their own election, nor thei right of Texas to cast it’s own Electoral College votes. Will the choice of President impact Texans, yes. Does it affect one state if a casino is permitted in a neighboring state? What if a neighboring state permits medical marijuana? One could argue that there is not one thing that a state could do that might not have some impact on neighboring states. Imagine if every action of every state was open to a lawsuit, to be conducted in the Supreme Court via original jurisdiction. The legal system would grind to a halt.

Carl_R
Carl_R
5 years ago
Reply to  Greenmountain

9

Eddie_T
Eddie_T
5 years ago
Reply to  Greenmountain

The only reason Texas filed the suit was because Ken Paxton (our indicted but not yet convicted) AG is a major Trump sycophant and an unprincipled grifter…….and he gets support from a whole lot of similar Tea Party aholes that infest our state government…..like Dan Patrick.

These people (Ted Cruz is also one of them) were swept into power by Koch brothers money and a Pro-Life voting bloc made up of Catholics and Evangelicals, who together make up 51% of the voting public in Texas.

xilduq
xilduq
5 years ago
Reply to  Eddie_T

yep, he’s playing for a pardon on his federal crimes. unfortunately, his state crimes won’t be pardoned.

Lance Manly
Lance Manly
5 years ago
Reply to  xilduq

I think you meant

“fortunately, his state crimes won’t be pardoned”

Hopefully the same with trump

Rocky Raccoon
Rocky Raccoon
5 years ago

Half the “nation” (which we are not a nation) does not buy into the bull crap that Trump is selling. Trump’s cultish base didn’t grow beyond it’s original form, and soon we will see as the corruption around Trump is exposed in the coming months just how little people will still desire to admit they supported him.

As a conservative, Trump doesn’t represent my conservative beliefs.

Trump has played this game since jumping into this circus in 2016 starting with the Iowa Caucus. Ted Cruz cheated and the GOP rigged the caucus against him…

He is playing the same card in 2020 except Cruz hungry to win the love of the Trump cult is now playing along despite Trump viciously attacking the Cruz marriage four years earlier. Cruz is not a man of principles but a con artist just like Trump vying for political power.

Eddie_T
Eddie_T
5 years ago
Reply to  Rocky Raccoon

Cruz is not a man of principles, no. But he is very intelligent and he has shown he can roll with the punches. He is someone to watch out for…..keep that in mind.

Rocky Raccoon
Rocky Raccoon
5 years ago

And now Trump begins attacking SCOTUS who he is 33% responsible for building…

Sechel
Sechel
5 years ago

The SPYDER revealed. Never worked in military intelligence.

Spyder, it turns out, is Joshua Merritt, a 43-year-old information technology consultant in the Dallas area. Merritt confirmed his role as Powell’s secret witness in phone interviews this week with The Washington Post.
Records show that Merritt is an Army veteran and that he enrolled in a training program at the 305th Military Intelligence Battalion, the unit he cites in his declaration. But he never completed the entry-level training course, according to Meredith Mingledorff, a spokeswoman for the U.S. Army Intelligence Center of Excellence, which includes the battalion.
“He kept washing out of courses,” said Mingledorff, citing his education records. “He’s not an intelligence analyst.”

His separation papers, which he provided to The Post, make no mention of intelligence training. They show that he spent the bulk of his decade in the Army as a wheeled vehicle mechanic. He deployed to the wars in Iraq and Afghanistan, where he said he worked in security and route clearance. He held the rank of specialist when he was honorably discharged in 2013, having received several commendations.
Merritt acknowledged that the declaration’s description of his work as an “electronic intelligence analyst under 305th Military Intelligence” is misleading. He said it should have made clear that his time in the 305th was as a student, not as a working intelligence expert.

QTPie
QTPie
5 years ago
Reply to  Sechel

Hmmm… vehicle mechanic and intelligence analyst in the Army are the same thing, aren’t they? Hey, at least he has some impressive academic credentials… an Associate’s from the now-defunct, for-profit ITT-Tech… And whadd’a you know, just like Melissa Carone! Now guess what Mellisa Carone did before she obtained her degree from that illustrious institution- she was a stripper at the Bada-Bing! (I kid you not!!)

Sechel
Sechel
5 years ago

Trump’s not done fighting. No just like this he has no shot, but he’ll try to get allies in the legislature to pull a stunt and try to frustrate the electoral college. This is where Mitch McConnnell needs to grow a pair and finally say something

Carl_R
Carl_R
5 years ago

Mish’s commentary on all these election developments and lawsuits has been dead accurate. His brilliant coverage began before the election when he predicted that the trap had been set, and that Trump’s plan was to let people vote by mail, and then have all those votes invalidated, and since the mail in votes would be mostly for Biden, that would swing things towards Trump. He also predicted with complete accuracy that Trump would lead on election day, and then slowly fall behind as mail-in ballots were added in. Finally, he has a 100% record in predicting the outcome of all the post-election lawsuits, and in the process, he has demonstrated a thorough understanding of the legal issues involved.

Kudos, Mish, on an outstanding job.

Telenochek82
Telenochek82
5 years ago
Reply to  Carl_R

Mish is smart no doubt, but before the pandemic hit , Mish’s wagon was partially hitched to Trumps. There was certainly more positive coverage of Trump on Mish’s channel than, we, so-called California liberals thought was appropriate. At some point Mish decided to run, not walk, away from anything Trump, and that is a good thing.

Carl_R
Carl_R
5 years ago
Reply to  Telenochek82

Prior to 2020, Trump was just a middle of the road President, doing no real harm or good, like the majority of Presidents. Unfortunately for him, in 2020 he was tested by not one, but two, crises, and he came up wanting in both cases. Mish has balanced and fair coverage. His comments are bases more on what he thinks will happen that on what he thinks should happen. He has been uncannily accurate in the last year or two on what would happen in Brexit, and in the US elections.

Telenochek82
Telenochek82
5 years ago
Reply to  Carl_R

Carl_R – you’re kidding about prior to 2020, right?
Trump installed foxes all over the various henhouses, such as Dept. of Energy, Dept of Education etc… absolutely despicable scum in most cases.

Carl_R
Carl_R
5 years ago
Reply to  Telenochek82

No, I’m not. Nothing he did affected me in any way, well, other than the tax cut. He was just a typical President. He increased the deficit, and he did muck up things a bit with trade wars, but didn’t do anything substantial to keep the economy from functioning, and the country did what it usually does, and powered on. Perhaps there are some people out the who had things happen that affected their life, but I certainly didn’t. However, in 2020….

Telenochek82
Telenochek82
5 years ago
Reply to  Carl_R

I’m glad everything is happy in your myopic self-centered universe.

Telenochek82
Telenochek82
5 years ago
Reply to  Carl_R

And by scum, I mean Rick Perry, and Betsy Devos – just to be clear.

LawrenceBird
LawrenceBird
5 years ago

So Texas wants to leave the US. Don’t let the door hit your a** on the way out. Now we finally have our wall between the US and Mexico lol

AnotherJoe
AnotherJoe
5 years ago
Reply to  LawrenceBird

Texas will be blue withing 5 years

Avery
Avery
5 years ago

I step closer to a $200,000,000,000 bailout of Illinois, hopefully Yellen’s first act as Secretary Of The Treasury. Send check to: Michael W. Frerichs.

Zardoz
Zardoz
5 years ago
Reply to  Avery

2 steps back from idiocracy

Carl_R
Carl_R
5 years ago
Reply to  Avery

The Republicans gained seats across the country. Voters sent a clear message that they don’t want the likes of AOC in charge, but neither do they want Trump. They can take a majority in the house in the midterms, but if Trump continues to be the force of the Republican Party, the Grand Old Party will continue to die.

njbr
njbr
5 years ago

Such phony BS top to bottom in the Trump lawsuits….

Don’t be surprised, but the “intelligence expert” in Powell’s Kraken suit never worked is not an intelligence expert—from WAPO

…The witness is code-named “Spyder.” Or sometimes “Spider.” His identity is so closely guarded that lawyer Sidney Powell has sought to keep it even from opposing counsel. And his account of vulnerability to international sabotage is a key part of Powell’s failing multistate effort to invalidate President-elect Joe Biden’s victory.

Powell describes Spyder in court filings as a former “Military Intelligence expert,” and his testimony is offered to support one of her central claims. In a declaration filed in four states, Spyder alleges that publicly available data about server traffic shows that voting systems in the United States were “certainly compromised by rogue actors, such as Iran and China.”

Spyder, it turns out, is Joshua Merritt, a 43-year-old information technology consultant in the Dallas area. Merritt confirmed his role as Powell’s secret witness in phone interviews this week with The Washington Post.

Records show that Merritt is an Army veteran and that he enrolled in a training program at the 305th Military Intelligence Battalion, the unit he cites in his declaration. But he never completed the entry-level training course, according to Meredith Mingledorff, a spokeswoman for the U.S. Army Intelligence Center of Excellence, which includes the battalion.

“He kept washing out of courses,” said Mingledorff, citing his education records. “He’s not an intelligence analyst.”

In an interview, Merritt maintained that he graduated from the intelligence training program. But even by his own account, he was only a trainee with the 305th, at Fort Huachuca in Arizona, and for just seven months more than 15 years ago.

His separation papers, which he provided to The Post, make no mention of intelligence training. They show that he spent the bulk of his decade in the Army as a wheeled vehicle mechanic. He deployed to the wars in Iraq and Afghanistan, where he said he worked in security and route clearance. He held the rank of specialist when he was honorably discharged in 2013, having received several commendations….

….He used his GI Bill funds to study network security administration at ITT Tech in Arlington, Texas. He said he earned an associate degree from the school, part of a nationwide chain of for-profit colleges that shut down in 2016…..

….Merritt formed his own firm, Cyberoptyx, in 2019. He said the company — which consists of himself and a handful of contractors — specializes in building “cyberinfrastructure” such as making websites and setting up servers. It also does 3-D printing….

Mish
Mish
5 years ago

Trump lost EVERY Case.

One that went in his favor was overturned on appeal.

Kimo
Kimo
5 years ago
Reply to  Mish

Technically speaking, Trump only needs to win one at the Supreme Court. This suit, whose merits were not judged, came out of the blue. The dog pile that followed was quite noticeable. Further, the Justices see what’s in the pipeline, and have likely charted a course. We live in interesting times.
BTW, more peace broke out in the Middle East this week. Careful what you wish for.

Mr. Purple
Mr. Purple
5 years ago
Reply to  Kimo

It’s a zero-sum game. The “peace” you celebrate in the Middle East will be dwarfed by war in the USA if the result of this election is overturned. Be careful what you wish for.

Carl_R
Carl_R
5 years ago
Reply to  Mish

Losing was inevitable when he didn’t present any sound legal arguments, and didn’t present any serious evidence. It was so obvious that he was going to lose every case that I have to think losing was intentional, or at least expected. But why? There are only two reasons I can think of, “money” and “power”. The “money” argument is that he was simply trying to extend this to raise money for future legal fees, which he will later have available to use for his personal legal defense, post Presidency.

The “power” argument is that this was a precursor to a coup. He can then say that “he exhausted every other possibility, but the entire system is rotten, and it totally ignored the fraud, so he has no other choice that to suspend the Constitution and establish a Dictatorship”. He spent much of November removing people from the Defense department, and replacing them with loyalists. Let’s hope he’s not seriously considering a coup, but he certainly has taken many acts that are consistent with one.

Kimo
Kimo
5 years ago
Reply to  Carl_R

Carl, I presume the “he” you keep referring to, is Texas Attorney General, Tom Paxton. It’s fair to point out that Trump has been directing his legal resources in other directions, while cheer leading the Texas effort.

Carl_R
Carl_R
5 years ago
Reply to  Kimo

By “he”, I meant Trump. I presume Trump has the final say in which lawsuits get filed, and which don’t. You are correct that he did not file or have apparent control over several of them, including the Texas action and the “Kraken” lawsuits. None of the lawsuits, either the ones his campaign filed, nor the Texas action, or the “kraken” lawsuits, had any substance, though, and all were destined to be dismissed quickly. So, the question is, why file them in the first place?

Sechel
Sechel
5 years ago
Augustthegreat
Augustthegreat
5 years ago

Trump is the biggest loser of the American History.

Carl_R
Carl_R
5 years ago
Reply to  Augustthegreat

So, you’re saying that if he gets a new reality show after the White House, is should be called “The Biggest Loser”? Oh, wait……

Sechel
Sechel
5 years ago

Not only was Trump’s bid rejected it was rejected 9-0. Now he and his allies have lost around 60 court cases. So Trump goes down as the biggest loser of any President ever. What a way to end his Presidency, in disgrace. He wasn’t big enough to congratulate Joe Biden, he had to concoct a false story about a fraudulent election that every court said he failed to prove which makes Donald Trump an even bigger loser. And to cap it off, Der Spiegel, Germany’s most influential magazine voted Donald Trump loser of the year.

But I don’t consider this a total victory. A great many Republican states, A.G.’s and Congressman signed on. Two fictitious states also joined , New California and New Nevada. This is truly scary that so many Republicans who ought to know better and are in positions of leadership joined and gave credibility to this non-sense. This country needs two functioning parties. The Republican party is clearly not functioning and that’s scary for our Democracy .The Democratic party does not have all the answers but the GOP has shown it lacks the maturity to step up to the plate. I don’t know where we go from here.

ajc1970
ajc1970
5 years ago
Reply to  Sechel

“What a way to end his Presidency, in disgrace. “

Yeah, he’s certainly going out in the ugliest way possible.

But I’ve learned not to say “welp, can’t get any worse now” with him. The next 6 weeks could be concerning.

The fictitious states thing… that was funny.

Sechel
Sechel
5 years ago
Reply to  ajc1970

Trump will find a way to further embarrass himself. He’ll try a stunt at the convention

Rbm
Rbm
5 years ago
Reply to  Sechel

Yeah sad day for the republican party. Whats the old saying about be careful which wagon you hitch your horse to.

Rbm
Rbm
5 years ago
Reply to  Rbm

Ps notice Mitch didn’t sign on.

Mr. Purple
Mr. Purple
5 years ago
Reply to  Rbm

Or Barr.

AshH
AshH
5 years ago
Reply to  Sechel

Trump’s team has lost 57 cases and won 1 case.

The 1 case that they won was regarding the length of time that Pennsylvania had to “cure” ballots ( I think). The cure time was reduced from 9 days to 6 days, affecting a few dozen ballots.

There hasn’t been a single case where any fraud has been proven under testimony.

lurki
lurki
5 years ago
Reply to  Sechel

@Sechel As a Canadian I have been saying for donkey years that your country needs ‘more than’ two functioning political parties. Your country is doomed to be split down the middle as long as you play with this two party system. It can only boil down to 2 teams fighting it out. Expand your horizons and get 3 or more parties into the game. It seems that the best governments we have are ‘minority’ governments where the ruling party is forced to negotiate with the other parties for fear of being voted out of office. Makes for an atmosphere of ‘compromise’.

FromBrussels
FromBrussels
5 years ago
Reply to  Sechel

…if you bother to check some background information you might discover that Der Spiegel is not exactly a very reliable source for objective info….that being said, The American Establishment have delivered one hell of a great, even admirable, scam, The Great Scam, in fact….

Anda
Anda
5 years ago

I take a contrarian view to your interpretation.

“Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections”

In short “Texas has not shown an interest”, lack of recogniton by the judiciary of Texas’ interest is absurd because very obviously the federal government does dictate the direction of the nation, and that includes Texas. The federal government decides based on congessional numbers. That the judiciary purport to fail to comprehend such a simple issue is also absurd and discredits their authority.

” 1. Texas has no jurisdiction 2. The proposed remedy is outlandish disenfranchisement 3. The filing is too late 4. Texas was not harmed (it does not affect Texas electors) 5. It would open up the courts to all kinds of state-vs-state complaints”

  1. Texas handed jurisdiction to SCOTUS , it does not pretend to have jurisdiction over another state, and in return it does not have to suffer the jurisdiction of that state as expressed via federal government if it believes that jurisdiction was not fairly won.

  2. Not so, the disenfranchisement has already occured (should be proven not to have) according to Texas, due to fraud. The only available lawful solution is to allow the governors to decide on electors, in that case, or re-run. To not seriously address the accusations anywhere is outlandish.

  3. I try to think you are not being serious.

  4. As stated in intro, it affects texan electors. Even to be under the jurisdiction of a government that is considered fraudulant is injurious, let alone if it actually were.

  5. As per 4. – you now have state vs. state and state vs. federal government, not to mention citizen against citizen. All because of reluctance to credibly prove the election results were sound.

Louis Winthorpe III
Louis Winthorpe III
5 years ago
Reply to  Anda

That the judiciary purport to fail to comprehend such a simple issue is also absurd and discredits their authority.

Right, because YOU obviously know more than SCOTUS.

Anda
Anda
5 years ago

What does SCOTUS know ? So far they have only rejected a case without explaining anything at all. The comparison is pointless, unarguable.

njbr
njbr
5 years ago
Reply to  Anda

Scotus said Texas doesn’t have standing, and even if Texas was allowed standing, the case was BS.

Louis Winthorpe III
Louis Winthorpe III
5 years ago
Reply to  Anda

I’m sure you’re not even American, and you’re lecturing us about how SCOTUS doesn’t know US law. Hilarious!

Carl_R
Carl_R
5 years ago
Reply to  Anda
  1. Texas can not create a jurisdiction in the Supreme Court that the Supreme Court does not have to begin with. In the US, the US Supreme Court does not have the power to determine state law. The various states had already ruled that their elections were legal. Therefore those issues have been determined with finality, and they are not subject to review by the Supreme Court. If the Supreme Court had taken the case, they would have had nothing to decide, which is what Alito and Thomas said.
  2. The proposed solution is an outrage. The concept is something Mish suggested before the election might happen, and it has. The goal was to trick people into a trap. You tell people “these are the rules for voting”, and then after the election you say “oh, haha. You followed the rules? We tricked you. Your vote doesn’t count!”
  3. He is entirely serious. See number 2. If you want to challenge the rules, you have to do it before the election, so that the rules are established, and people know what they are to do if they want to vote. If you leave the rules in place during the election, you have to count the votes that were cast according to those rules. You can contest the rules after the election, but only for the next election.
  4. All Texas was ever entitled to do was to cast their electoral votes. They do not have the sole right to choose the President. They have not lost any rights. Their electors can vote.
  5. In the US, we are supposed to have 3 separate but equal branches of government, including 2 political branches, Congress, and the Presidency, and one branch that was above politics, and which simply interprets the law. That’s exactly what the the Supreme Court did, and they did it correctly. They did not succumb to political pressure. To have decided otherwise would have lowered the Judiciary and turned it into yet another political branch, and would have doomed it as an independent branch. Instead, through it’s wisdom, it remains above the fray, and will hopefully not be called on again to become a politically partisan branch.
Anda
Anda
5 years ago
Reply to  Carl_R

Your answers are much more coherent to me. I could turn 2 and 3 around and argue them easily (eg. 2 is allegation of fraud enabled by law change outside state constitution, 3 follows) but the more interesting/foundational are the other points. For 1 you are saying there is no federal jurisdiction on questions of fraud in state elections, which basically says those elected to congress and the president might be chosen by fraudulent method. The various evidence has not been properly investigated, in spite of the repeated attempts to wash over the fact. For 4 casting a vote where there is a fraud that repercusses on the result of the count is not a right, it is to be deceived. For 5, by not overseeing correct election process or responding to accusation of fraud SCOTUS becomes politicised whether they like it or not.

To return responsibility to state courts or the circuit is not any kind of answer either.

It’s funny, because I don’t watch the media presentation you get in the US, and to be honest both sides are less convincing than if you just study details. Maybe that is why people are so hostile over this, they already convinced themselves because they don’t accept the other’s presentation ?

Carl_R
Carl_R
5 years ago
Reply to  Anda

Yes. In the US, election fraud is always a local issue. The state conducts elections, and ratifies the results, and does so under state law, and the final arbitrar is the State Supreme Court.

As for as the “evidence” being investigated, there have been widespread allegations and rumors, but little actual evidence of fraud. What little there has been, was carefully investigated. For example, the allegation of “suitcases of ballots hidden under a table” was investigated by watching the entire video, The ballots were in normal, official ballot containers, and the full video showed them being stowed under the table for later counting, and then being pulled out and counted. Nothing unusual was observed. The biggest complaint was simply that the rules made it easier to vote, so more people voted. Personally, I think more people voted because Trump was a polarizing figure. Some came out to vote for him. Others came out to vote against him.

As for 4, Texans only have a right to determine how their own electoral votes were cast. That right was not affected. Their right to cast those votes is not affected in any way by what goes on in other states.

Note that I did not vote for either Biden or Trump. I voted for Jorgensen. My interest is in the preservation of the Republic, and in not seeing a coup overthrow the election results. Trump had his day in court. He presented non-viable legal arguments, and failed to produce evidence of fraud. The legal system functioned correctly, and did not bow to political pressure, and rendered sound legal decisions. The country is stronger for it.

Mr. Purple
Mr. Purple
5 years ago
Reply to  Anda

No one gives even a glimmer of a fuck what you think Anda.

Anda
Anda
5 years ago
Reply to  Mr. Purple

Why should they ?

njbr
njbr
5 years ago
Reply to  Anda

Well, you (& Trumpistas) vs. the established legal system (which is stuffed with Trump appointees) hasn’t gone so well, has it?

Nullus Tutela
Nullus Tutela
5 years ago
Reply to  Anda

Don’t waste your time here talking to any of them. They have no idea what just happened or what it is going to bring about.

This SCOTUS has acted like the one before the Civil War. They have denied Americans the single most important and foundational element to the USA – a representative government based on free and fair elections under the law.

Here’s the gravamen: By allowing States to subvert a federal process and deny citizens of ALL States their right to be part of a free and fair federal election, SCOTUS has abdicated its role in the federal process and the very principle for which it was founded.

In doing so it has denied ALL Americans the very reason for the Republic – as stated in the Declaration of Independence- a representative government that secures and protects the unalienable rights of men.

In doing so the SCOTUS has just given every US citizen the moral grounds to act under the 2nd Amendment, and delegitimized itself.

So don’t waste your time arguing with these folks. They are not your brother and sister Patriots. They long ago stopped being Americans. And remember this extremely important fact about virtually all of them – they are willing to butcher babies in the womb just to have a chance at the life they desire. And as the past four years and this election has proven – they are also willing to do anything to YOU to have that chance.

Bloodshed is not wanted by anyone, and it is sad when one realize it is inevitable. But when one recognizes the reasons and what is at stake – they realize why many will act under their inalienable rights confirmed by the 2nd Amendment. So make no mistake, bloodshed will be coming. Thanks to the lockdowns, too many Americans are at the point where they have little to nothing to lose.

Most don’t realized that this won’t happen overnight. And it won’t be precipitated by marching and rioting. But it will come and it will be like the Revolutionary War in that it will be a counterinsurgent type rebellion with assassinations and targeted attacks against government institutions and their key people, along with political organizations – and politically active companies – and their key people will be attacked. Regular citizens and non-political groups not be attacked.

Prepare yourself, because before all this starts, the Left will become much more aggressive with its agenda. And that agenda can be seen in how the leftists-media is now starting to cover the Biden scandal. The scandal will be used to remove Biden; for them I t is preferable to removing Biden via medical/cognitive reasons. But it is coming and behind it is the wrath and evil of Leftist political power – who will bring evil (eg riots) and eventually imprison any who push back. In doing these things, the last vestiges of believing in a peaceful resolution will be torn away, and those “on the right” will know they have no choice.

Good luck and Godspeed, and know the greatest regret one will have during times of facing evil and tyranny is not standing up – righteously – and doing what one knows must be done.

Mr. Purple
Mr. Purple
5 years ago

I’d have a lot more respect for Trump if he would just attempt a military coup like all self-respecting tinpot dictators do. Trump is such a pussy.

Carl_R
Carl_R
5 years ago
Reply to  Mr. Purple

Be careful what you wish for. Trump spent much of November eliminating dissenting voices from the Pentagon and replacing them with loyalists. I don’t think he will actually try a coup, but it is certainly not impossible.

I’m hoping for a 2021 where a “Trump Coup” goes back to being a tricky way to play a bridge contract by running cards in the dummy, creating the effect of a finesse without actually being able to do one. 😉

LawrenceBird
LawrenceBird
5 years ago
Reply to  Mr. Purple

He could try but the rank and file are never going to roll out and no officers below the tippy top would even consider it.

Zardoz
Zardoz
5 years ago
Reply to  Mr. Purple

He looks down on them, and they look down on him, and they all know it. Not a good basis for an alliance.

Zazu
Zazu
5 years ago
Reply to  Mr. Purple

LOL

NewUlm
NewUlm
5 years ago

As an independent who has never voted for Trump and who is happy to see him go. After 4 years of questioning his legitimacy with Russia, impeachment, etc. He and I bet most republicans want to instill the same level of doubt in the legitimacy of Biden.

I wish both parties would realize that America is split 51/49 and compromise is the best path, or I wish we did not have majority rules – something like 60% to pass laws and 40% overturn laws would force more compromise. The 50% plus 1 is a good way to instill division.

WashDC
WashDC
5 years ago
Reply to  NewUlm

You speak as if the Russia investigations did not lead to a huge amount of convictions with evidence held to be the high standard of the law. Trump was investigated and will continue to be investigated because he is incredibly corrupt and he with his associates broke dozens of not hundreds of laws. Trump is pardoning those convicted around him and will likely try to pardon himself and his family. He is facing dozens of suits when he exits office including one that alleges that he raped a woman.

Grow up already and face reality.

ColoradoAccountant
ColoradoAccountant
5 years ago
Reply to  NewUlm

Reality is the Dems and media covered up Hunter because they wanted Dad elected. Now the Dems and media are all out to get Hunter and force Joe to resign. Thus, Kamala is President. The game from the beginning.

JG1170
JG1170
5 years ago

The ways in which this election was stolen are simply not “provable”. Ballot harvesting (easy to do with mail-in ballots), familial voter intimidation/forgery (easy to do with mail-in ballots), and Social Media covering up the H. Biden junk ALL had an effect, and it’s logical to assume that this effect favored Biden more than Trump. The SC is not going to change these beliefs that HALF the nation’s citizens hold.

Mish
Mish
5 years ago
Reply to  JG1170

For starters it is not half.

Millions more people voted for Biden than Trump.
There are lots of prominent Republicans- Chris Christie, Kasich, the Gov of Ohio, Gov of Georgia, and even Barr who believe there was no real evidence of Fraud.

It is more like 25% or 35% of nut cases with TCS who actually believe Trump won.

Yes, that is a lot of nut cases.

JG1170
JG1170
5 years ago
Reply to  Mish

A large swath of the country feels like this: When you conduct an (arguably unconstitutional) mail-it-in-we-trust-you election that inherently has tons of potential for abuse, then you can’t claim victory if you win by half a percent here and another half a percent there. The margins of error are too high. Whether anyone here agrees with that reasoning or not, it’s what a lot of very smart (and very dumb) people believe. There’s going to be a tremendous scar left on this country if a more traditional election is not held before handing the wheel over Biden.

Glee
Glee
5 years ago
Reply to  JG1170

Trump could have acknowledged Covid and done steps to ensure a free and fair election. He could have made sure there were safe drive through drop boxes (Texas?). He didn’t. I know states manage their elections, but Trump could have lead the country through this crisis including how to get votes in safely and reliably.
As Mish has said, he counted on mail ballots by democrats and then claimed fraud afterward.

Louis Winthorpe III
Louis Winthorpe III
5 years ago
Reply to  JG1170

We were told for weeks that there was mountains of evidence of fraud. Now the goalposts shift to “oh there was fraud, it’s just undetectable.”

Trump, his enablers, and his defenders have zero credibility left.

JG1170
JG1170
5 years ago

njbr
njbr
5 years ago
Reply to  JG1170

Invisible, unprovable fraud?

Hmmm, I guess you should give up in the face of such evil genius….

JG1170
JG1170
5 years ago
Reply to  njbr

How can you prove or disprove that one left-leaning nurse didn’t harvest all the mail-in ballots in a given nursing home, “helping” each elderly patient fill theirs out for Biden? You can’t, and that is the problem! And that is only ONE of example of how it COULD have been gamed. That’s why it’s the mail-in vote itself that’s the fraud. And that’s before even getting into the illegal censorship from Facebook and Twitter. Studies show that if more Biden voters had had known about Hunter’s exploits, 4.6% wouldn’t have voted for him. This point would be irrelevant if Trump had lost “bigly” but the margins in the battlegrounds were sub 1% in several important States. The fraud was MOST CERTAINLY there, it’s just going to be impossible to ever prove in court of law.

JG1170
JG1170
5 years ago
Reply to  JG1170

njbr
njbr
5 years ago
Reply to  JG1170

Your faith in the unseen, unknown is touching. It’s like a religion, impervious to all criticism and undaunted by all evidence to the comtrary.

Yep, a conspiracy of nursing home workers. A media in a secret compact with Bill Barr’s DOJ and FBI. Believe what you want, but the legal system works in facts and evidence.

No facts or evidence, no case.

njbr
njbr
5 years ago

Next up Senate/elector shenanigans–Cruz the insurgent leader!!

Eddie_T
Eddie_T
5 years ago

Hallelujah. My faith in mankind is almost restored….except that (indicted but not yet convicted) grifter Ken Paxton is still AG here. And Dan Patrick is still Lt. Gov…….we’re still deep in the weeds.

Even Charlie Koch sees it now.

I sure hope Trump doesn’t try to do some kind of end run around reality.

Webej
Webej
5 years ago
Reply to  Eddie_T

That was quick. Not too well anchored, it seems.

ajc1970
ajc1970
5 years ago
Reply to  Eddie_T

if your faith is restored, just hop on Twitter to see people talking about how Congress will fix this in January.

Gloe
Gloe
5 years ago
Reply to  ajc1970

They can certainly throw a monkey wrench into the works.

JG1170
JG1170
5 years ago
Reply to  Eddie_T

There is no cause for celebration. No one should WANT to live in a country where an election can be won like THAT. A huge swath of this country are not going to roll over and accept this election. They are not bitter that “their guy” lost, they are angry that there is such a cloud of uncertainty resulting from the mere fact that an election with more holes than Swiss cheese was allowed to be conducted in the first place. It wouldn’t have been a big deal if the result was crystal clear, but it was decided by slivers of one percent. It’s like calling a photo-finish tie but with the lens blurred. No one knows who actually won.

quantumatoms
quantumatoms
5 years ago
Reply to  JG1170

Republicans will keep losing if they don’t recognize what this loss means.

Carl_R
Carl_R
5 years ago
Reply to  JG1170

No one would want an election where millions of Americans could be told the rules for voting, only to have their vote not count when they followed those rules. That would be an outrage! There is no question that Trump has done a great deal of damage to the country, first driving people to propaganda sites for their news, and then feeding them lies. This was the most secure election in history. The result was crystal clear. This wasn’t a close election, like 2000, nor even as close at 1960.

Now it is time for America to move on. People need to decide if they are Americans first, or something else.

Eddie_T
Eddie_T
5 years ago
Reply to  JG1170

LMAO. It’s not one whit different than the way the election was decided in 2016.

Our system hasn’t changed. This election showed some of the same problems we’ve had in many other modern elections. It wasn’t any less fair or more fair than many others……the only difference is that Trump spent most of the year stirring up his base to reject the outcome if he lost.

And now, as a result of his wildly specious and unsubstantiated claims, you don’t want to accept the results.

jfpersona1
jfpersona1
5 years ago
Reply to  JG1170

We all know who won.

There is proof of who won. There are all the counted ballots. Several of the states recounted the ballots and came up with the same conclusions as the original count.

You have no proof. You just don’t like the result. The other FACT is that trying to undermine an election in which there is plenty of proof of who won and no proof of significant election issues is Un-American, Un-Patriotic and flat out disgusting.

zam137
zam137
5 years ago

That should end his challenges in the legal system. If he’s crazy enough (and nothing indicates that he isn’t) he still might try the “Mike Flynn gambit”.

Gloe
Gloe
5 years ago
Reply to  zam137

There are still a few more cases pending. There’s one before the Wisconsin Supreme Court. Trump filed a new lawsuit in Georgia. Kelly in the Pennsylvania case can still file a petition for certiorari. (He wasn’t denied cert, he was just denied an emergency motion for an injunction.) There may be more.

Zardoz
Zardoz
5 years ago
Reply to  zam137

Time to send in Meal Team Six and the Gravy Seals!

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