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In reply to the discussion: Supreme Court formally puts Texas lawsuit on its docket. Case will be heard. [View all]onenote
(42,374 posts)55. I wish people who don't understand SCOTUS procedure wouldn't act like they do.
Docketing is a ministerial act that does NOT mean that the Court will hear the case. While Texas et al are arguing that the Court has to hear the case, they acknowledge that the Court's precedents do not support that argument and that the Court would have to overturn decades of precedent to conclude that they lack the discretion to decide whether or not to hear the case. Only Thomas has argued that such precedent should be overturned, so its unlikely that there would be a majority to do so.
The OP should edit the subject of their post to remove the statement that the court will hear the case. Docketing the case doesn't mean that at all.
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Supreme Court formally puts Texas lawsuit on its docket. Case will be heard. [View all]
Goodheart
Dec 2020
OP
They have to hear it. Lawsuits between states are under their original jurisdiction,
The Velveteen Ocelot
Dec 2020
#41
Just be aware that "hearing" the case doesn't necessarily mean a full trial on the merits.
The Velveteen Ocelot
Dec 2020
#60
This is getting tiring... it's like playing whack-a-mole with the Supreme Court......
secondwind
Dec 2020
#8
Co-host of the National Security Law podcast (a sibling of the Lawfare podcast)
RockRaven
Dec 2020
#28
A case being "docketed" doesn't mean anything. It just means that the filing was recorded.
StarfishSaver
Dec 2020
#32
You ARE wrong. Nothing about docketing means it will be heard. See Vladeck on this
hlthe2b
Dec 2020
#46
Obviously nothing more than a political ploy to garner support from the nutjobs in Texas. Paxton
walkingman
Dec 2020
#53