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Thu Dec 10, 2020, 09:39 PM

What you think the odds that the Justices dismiss the case without saying or writing one word....

about how egregious or dangerous this Texas case is?

12 replies, 1040 views

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Arrow 12 replies Author Time Post
Reply What you think the odds that the Justices dismiss the case without saying or writing one word.... (Original post)
Thomas Hurt Dec 2020 OP
elleng Dec 2020 #1
The Velveteen Ocelot Dec 2020 #2
onenote Dec 2020 #6
The Velveteen Ocelot Dec 2020 #7
TwilightZone Dec 2020 #11
StClone Dec 2020 #3
Blue_true Dec 2020 #4
Rice4VP Dec 2020 #5
Thekaspervote Dec 2020 #10
Demsrule86 Dec 2020 #8
Wounded Bear Dec 2020 #9
DonViejo Dec 2020 #12

Response to Thomas Hurt (Original post)

Thu Dec 10, 2020, 09:41 PM

1. I'd say the odds are HIGH,

but I rarely gamble.

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Response to Thomas Hurt (Original post)

Thu Dec 10, 2020, 09:45 PM

2. If they decide they don't have subject matter jurisdiction

because Texas doesn't have standing, they can't get as far as considering the substance of the case. They'd just say the case is dismissed for lack of subject matter jurisdiction (which is required for the court to hear the case at all but can't exist without constitutional standing). It could be a one- or two-sentence order.

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Response to The Velveteen Ocelot (Reply #2)

Thu Dec 10, 2020, 09:48 PM

6. But Alito and Thomas will write a dissent

Since they believe the Court has to hear state v state cases (notwithstanding a century of precedent to the contrary that Alito and Thomas want to overturn ).

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Response to onenote (Reply #6)

Thu Dec 10, 2020, 10:01 PM

7. But up until now, state vs. state cases have always involved matters like

boundaries and water rights, not whether a state has an interest in another state's interpretation and implementation of its own laws. Even if Alito and Thomas believe the fact that the court's original and exclusive jurisdiction over state vs. state cases requires them to hear all such cases, when a case arises in which the plaintiff lacks standing, that's normally a threshold for hearing a case at all. If a party lacks standing to bring the case at all, there's no subject matter jurisdiction and the case would have to be dismissed. I suppose it's possible that they could agree to hear it for long enough to write an opinion that Texas lacks standing. However, if it's only Thomas and Scalia who think they have to hear the case, it would still be the end of it.

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Response to onenote (Reply #6)

Thu Dec 10, 2020, 11:06 PM

11. They won't write a dissent.

Primarily because they won't take the case. I think it'll be like the last one. A one-sentence rejection with no opinions written.

""The application for injunctive relief presented to Justice [Samuel] Alito and by him referred to the Court is denied," said the court's one-sentence order, which did not suggest any dissent among the nine justices."

https://www.npr.org/2020/12/08/944230517/supreme-court-rejects-gop-bid-to-reverse-pennsylvania-election-results

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Response to Thomas Hurt (Original post)

Thu Dec 10, 2020, 09:46 PM

3. Pretty sure there is close to zero chance of the SCOTUS hearing it.

This SCOTUS is dangerous to many areas we hold dear, and will rule against the wishes of the many, and for the few who gave them their spot on the court. But, this Texas case is not their schtick.

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Response to Thomas Hurt (Original post)

Thu Dec 10, 2020, 09:47 PM

4. My guess is in this case, they will have something to say.

Even the hyper conservative Justices must know how dangerous even hearing oral arguments for that ridiculous suit is.

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Response to Thomas Hurt (Original post)

Thu Dec 10, 2020, 09:48 PM

5. This court will not disenfranchise 20 million voters...the end

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Response to Rice4VP (Reply #5)

Thu Dec 10, 2020, 10:20 PM

10. ☝️☝️☝️☝️☝️

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Response to Thomas Hurt (Original post)

Thu Dec 10, 2020, 10:06 PM

8. I hope they write something scathing to put an end to this bullshit.

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Response to Thomas Hurt (Original post)

Thu Dec 10, 2020, 10:08 PM

9. Pretty good...

IMNSHO they will basically just not deign to hear arguments in the case. They basically choose what they want to hear.

The Texas case is bogus. They know it. They'll accept the counters the defendent states are offering and decline to accept.

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Response to Thomas Hurt (Original post)

Thu Dec 10, 2020, 11:23 PM

12. They could announce they'll hear oral arguments next February or

even hear it the first Monday after Biden is inaugurated

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