Friday we wrote that the Supreme Court had refused to consider the Texas challenge to the election. Now we're reading that the suit will be refiled in each of the four states whose election procedures the original suit challenged.
At the very least, I hope these eventually force the courts to confront the actual constitutional issues in this case, which they did not do in turning down the TX effort. I won't be surprised, however, if they waffle once again and find another procedural basis upon which to dodge taking the cases. Since these filings do not represent one state suing another, the Supreme Court is not the place where they will first be heard, but rather the last place if they get that far.
I understand the Supremes don't want their nice shiny court to get down in the mud of local electoral politics where it can hardly escape an ugly outcome. In this case there is no way to offer each side "half of the baby," our de facto two-party elections are truly a zero-sum game, the stakes are enormous.
