SCOTUSblog Editorial: Don't just deny Texas' original action. Decimate it.

[kpete]

Editorial: Don’t just deny Texas’ original action. Decimate it.
By Tom Goldstein on Dec 11, 2020 at 2:06 pm

Texas’ attempt to bring an original action challenging the election results in four states is not a serious legal claim in a legitimate procedural posture, for reasons that many people have already given and that I will not repeat here. The easy thing for the Supreme Court to do is simply deny Texas permission to file the complaint (and deny the motions to intervene as moot) and be done with it. No fuss, no muss.

But the court should do more. It is perfectly ordinary and appropriate for the justices to write an opinion explaining the various reasons why they are rejecting Texas’ request. Indeed, the minority of justices who think that the court is required to accept original actions like Texas’ may well write short opinions of their own or note that they think the case was properly filed. So there is nothing overreaching if a majority of the court explains why the case is meritless.


the rest:
https://www.scotusblog.com/2020/12/opinion-dont-just-deny-texas-original-action-decimate-it/

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