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TomSlick

(11,088 posts)

16. I researched this last night.

Reply to The Velveteen Ocelot (Reply #7)

Fri Dec 11, 2020, 11:02 PM

Dec 2020

The Supreme Court rule essentially makes the FRCP applicable in original jurisdiction cases. The dissent notwithstanding, a 12(b)(1) or (6) dismissal for lack of standing was appropriate.

I seems incredible that Alito and Thomas think that any original jurisdiction complaint must be allowed to proceed through complete briefing and oral argument. If the Texas pleading proves anything, it's that the imagination of state AGs knows no bounds.

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17 replies

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A small town lawyer's read of the SCOTUS Order. [View all] TomSlick Dec 2020 OP

If you are a lawyer snowybirdie Dec 2020 #1

Yes, I am a lawyer. I will fix the error. TomSlick Dec 2020 #2

I've always gotten those two mixed up, too. The Velveteen Ocelot Dec 2020 #8

Concur. However, that made Scalia the more dangerous. TomSlick Dec 2020 #11

I've seen it written lately dweller Dec 2020 #15

"Scalia and Thomas"? Old habits die hard.... unblock Dec 2020 #3

The celebratory wine didn't help. TomSlick Dec 2020 #4

Sounds to me, Aliots and Thomas wanted the USSC to accept the case so they OAITW r.2.0 Dec 2020 #5

The "flood gates" problem is overwhelming. TomSlick Dec 2020 #6

It would be chaos. We'll have to add a lot more judges to handle the caseload. OAITW r.2.0 Dec 2020 #10

Alito and Thomas have previously opined that the Supreme Court *must* hear The Velveteen Ocelot Dec 2020 #7

I researched this last night. TomSlick Dec 2020 #16

My reading of Alito and Thomas gratuitous Dec 2020 #9

I concur..... OAITW r.2.0 Dec 2020 #13

Thomas and Alito said the court had no discretion to reject the case. marylandblue Dec 2020 #12

Granting leave to file amicus briefs is not "relief StarfishSaver Dec 2020 #14

You may be correct. Again, the dissent is unclear. TomSlick Dec 2020 #17