“Denied For Lack of Standing”: SCOTUS Rules on Texas v. Pennsylvania, Justice & Drew 12/9 & 12/11
This past Wednesday and Friday I called in to Justice & Drew to discuss the State of Texas’ lawsuit against the States of Pennsylvania, Georgia, Wisconsin and Michigan, filed in the U.S. Supreme Court and seeking to invalidate the defendant states’ certification of electors for Joe Biden. Following the filing of this suit, several other states and over 100 members of Congress sought to join in the suit.
I predicted on both the Wednesday and Friday that the likely outcome from the Court on this suit would be a determination that the plaintiffs lacked standing to bring the lawsuit.
Standing has three elements: (1) the plaintiff has suffered a concrete injury; (2) that injury is fairly traceable to actions of the defendant; and (3) it must be likely—not merely speculative—that the injury will be redressed by a favorable decision.
On Friday evening, the Supreme Court issued its order on Texas’ motion, holding, as I predicted, as follows:
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
To hear my prior appearances on Justice & Drew, please visit the show page on this site.