Friday, December 11, 2020

A Quick Answer

Three days ago we wrote there were two current theories about what the Supreme Court might do in the lawsuit brought by TX and joined by 18-19 other states. We indicated the result would be known in weeks.

It took days, not weeks. Theory one wins, the Supremes today decided 7 to 2 not to get involved in vetting the election. 

The Supremes refused on procedural grounds. It was the majority's opinion TX didn't have "standing" to complain about what was done improperly in other states because TX couldn't show they'd been hurt thereby.

It will be interesting to see what columnists who are attorneys have to say about this decision. My non-attorney's "take" is that they made a self-interested decision to protect the court (and thus themselves) by keeping hands off this explosive issue. 

If I'm correct, their decision was understandable enough, but cowardly. It is clear to me a constitutionally conforming state can be injured when other states, with which it is joined in federation, violate the constitution and thereby change the outcome of an election and the direction of the country.