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TomSlick's Journal
TomSlick's Journal
December 12, 2020

So, does Paxton get his pardon anyway?

Is filing the "big one" enough or did he have to win?

December 12, 2020

A small town lawyer's read of the SCOTUS Order.

I will allow that I am not a constitutional law expert but here's what I read.

First, the SCOTUS Order is a miscellaneous order - not a signed opinion. This is the original jurisdiction (cases between states) equivalent of a denial of certiorari. The Court simply found that Texas did not have standing to challenge the election process in other states. This decision is obviously correct and the correct reason for the Court to summarily terminate the case. This disposition is a serious slap-down.

Second, the dissent by Alito and Thomas is far from clear. They would allow the case to be filed - in fact it already had - but would deny further relief. The dissent expresses no opinion on the merits of the case. I think the other relief referenced are the various motions to file amici briefs which, of course, are moot. I am unconvinced Scalia and Thomas expressed an opinion concerning the merits of the Texas pleading.

It would have been nice if Alito and Thomas had put on their big-justice robes and stood up for democracy but that is really too much to hope.

Profile Information

Gender: Male
Hometown: Arkansas
Home country: USA
Current location: Arkansas, USA
Member since: Mon May 15, 2017, 08:46 PM
Number of posts: 10,800

About TomSlick

I'm a lawyer primarily representing clients who are being sued. I am a retired Army Judge Advocate. Nothing I post here, including any comments about legal topics, should be construed as legal advice or creating an attorney-client relationship.

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