Yes, I have seen the thing about Texas suing other states over the election. Yes, the US Supreme Court has original and exclusive jurisdiction over cases between states.

No, this is not a thing that will change the election. At all.

If this is real - and I do emphasize the if - it is posturing by the elected Republican "leadership" of Texas in an attempt to pander to a base that has degraded from merely deplorable to utterly despicable.
Apparently, it is real. For a given definition of real, anyway. As Steve notes, the Texas Solicitor General - that's the lawyer who is supposed to represent the state in cases like this - has noped out and the AG is counsel of record.

https://t.co/AbyzT3aY4n
Although - again - I'm curious as to the source. I'm seeing no press release on the Texas AG's site; I'm wondering if this might not be a document released by whoever the "special counsel" to the AG is - strange situation.
Doesn't matter. The Supreme Court is Supremely Unlikely to take this case - their jurisdiction is exclusive, but it's also discretionary.

Meaning, for nonlawyers:
SCOTUS is the only place where one state can sue another, but SCOTUS can and often does decline to take the case.
If this is real at all, they will refuse.
OK. It's real.

This breaks the prior record for the one dumbest thing that could have been done this election. By far.

Also, more people need to mess with Texas. Messing with Texas should be the new national pastime.
Also -
FFS, Texas. You're not just taking a big old dump on our entire system of government. You're doing it with writing this bad?

Kindly - and I say this with all due respect - GROW UP.

https://t.co/s4G1N6QW0f
For additional clarity:
Yes, lawyers, my use of "discretionary" was not terribly precise. The concept I'm trying to get across is that the court does not have to grant leave and there are lots of reasons they can pick from in declining to grant leave.

More from Mike Dunford

This is an excellent question, and it's something that I've thought about some over the last couple of months.

Honestly, I think the answer is that the rationales for these rulings are not likely to unreasonably harm meritorious progressive OR conservative challenges.


The first thing to keep in mind is that, by design, challenges to the outcomes of elections are supposed to be heard by state courts, through the process set out in state law.

That happened this year, and the majority of those challenges were heard on the merits.

The couple of cases where laches determined the outcome of state election challenges were ones where it was pretty clear that the challenges were brought in bad faith - where ballots cast in good faith in reliance on laws that had been in force for some time were challenged.

The PA challenge to Act 77 is one example. The challengers, some of whom had voted for passage of the bill, didn't make use of the initial, direct-to-PA-SCt challenge built into the law or sue pre-election; they waited until post-election.

The WI case is another. That one had a challenge to ballots cast using a form that had been in use for a literal decade.

Those are cases where laches is clear - particularly the prejudice element.
Election Litigation Thread - Georgia:
OK, so since my attempt to sit back while Akiva does all the work of going through the latest proof that not only the pro se have fools for lawyers has backfired, let's take a stroll through the motion for injunctive relief.


At the start, I'd note that the motion does not appear to be going anywhere fast - despite the request that they made over 80 hours ago to have the motion heard within 48 hours.

The most recent docket entries are all routine start-of-case stuff.


Why isn't it going anywhere quickly? Allow me to direct your attention to something that my learned colleague Mr. Cohen said


Now I'm not a litigator, but if I had an emergency thing that absolutely had to be heard over a holiday weekend, I'd start by reading the relevant part of the local rules for the specific court in which I am filing my case.

In this case, this bit, in particular, seems relevant:


My next step, if I had any uncertainty at all, would be to find and use the court's after-hours emergency contact info. I might have to work some to find it, but it'll be there. Emergencies happen; there are procedures for them.

And then I'd do exactly what they tell me to do.

More from Politics

39.1% of Democrats think that it's wrong to negatively stereotype people based on their place of birth... AND that Southerners are more racist. https://t.co/yp1hviLuBB


65.2% of Republicans think that people shouldn't be so easily offended... AND that Black Lives Matter is offensive.
https://t.co/znmVhqIaL8


64.6% of Democrats think that a woman has the right to do what she wants with her body... AND that selling organs should be illegal.

48.5% of Democrats think that a woman has the right to do what she wants with her body... AND that prostitution should be illegal.


57.9% of Republicans think that people should be free to express their opinions in the workplace... AND that athletes should not be allowed to sit or kneel during the national anthem. https://t.co/ds2ig1NJFr


Democrats: Men and women are equal in their talents and abilities. Also, women are superior. https://t.co/bEFSmqQguo

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