SCOTUS Rejects Texas Lawsuit: Now What?
SCOTUS Rejects Texas Lawsuit: Now What?
On Friday, the Supreme Court summarily rejected Texas’s bid to overturn Joe Biden’s presidential victory. The SCOTUS order was short, pithy, and unsigned. By all appearances the Hail Mary pass failed, leaving Trump supporters little hope for President Trump to regain the Presidency.
Reaction across the country ranged from liberal gloating to conservative defiance.
CNN’s Chris “Fredo” Cuomo crowed over the SCOTUS order, while also insulting about 70 million of his fellow Americans:
Gloating is so unbecoming https://t.co/tv1G3TOxKx
— Nina Bookout (@NDBook96) December 12, 2020
Plus, Democrat Rep. Bill Pascrell (NJ) wants to punish Republicans who supported the Texas effort. So he asked Nancy Pelosi to refuse to seat those 126 Republican House members. Never mind that these are duly elected members of Congress:
“Today I’m calling on House leaders to refuse to seat any Members trying to overturn the election and make Donald Trump an unelected dictator.”
But this isn’t Pascrell’s first stab at extreme tactics, either. Last month he tried to get Rudy Giuliani and other Trump-supporting attorneys disbarred. He failed.
Some Republican lawmakers were satisfied with the outcome, like Sen. Lisa Murkowski (AK) who said she was “really disappointed” with House members who supported the effort. Plus, Sen. Lamar Alexander (TN) said he had a “hard time figuring out the basis” for the lawsuit.
Finally, Nebraska Sen. Ben Sasse, who despises President Trump with every fiber of his being, said he was happy that SCOTUS ended the “nonsense.”
“Since Election Night, a lot of people have been confusing voters by spinning Kenyan Birther-type, ‘Chavez rigged the election from the grave’ conspiracy theories, but every American who cares about the rule of law should take comfort that the Supreme Court — including all three ofPresident Trump’s picks — closed the book on the nonsense.”
With GOP friends like Sasse. . . well, you know the rest.
Meanwhile, down in Texas, GOP Chair Allen West began talking secession:
“Perhaps law-abiding states should bond together and form a Union of states that will abide by the constitution.”
Which GOP Rep. Adam Kinzinger (IL) promptly dismissed, demanding that the Texas GOP sack West:
“I believe @TexasGOP should immediately retract this, apologize, and fire Allen West and anyone else associated with this. My guy Abraham Lincoln and the Union soldiers already told you no.”
On the other hand, Rudy Giuliani is not about to give up on the courts. In fact, he’s been mulling over other scenarios on how to win without SCOTUS.
“Originally we thought about this as possibly four or five separate cases. So that’s the option we’re going to have to go to. There’s nothing that prevents us from filing these cases immediately in the district court. We’re not finished, believe me.”
Greg Kelly at Newsmax TV is also looking for the silver lining, saying on his program that this is still NOT OVER! However, his guest, former Harvard professor Alan Dershowitz, said otherwise. Yes, said Dershowitz, there’s still the case challenging Pennsylvania’s mail-in ballots, and Team Trump can win that. But for all intents, it’s done.
Patrick Basham, a pollster and founder of the Democracy Institute, also felt the SCOTUS order was probably the death knell for Trump. But Basham also said that the issue needs to go to the House of Representatives. There votes will be made by state delegations to end this once and for all.
Notice, however, that Professor Dershowitz did say that despite the Texas gamble being a long shot, SCOTUS still should have heard the case. In fact, two of the justices agreed with Dershowitz.
“In my view, we do not have discretion to deny the filing of a bill of complaint in a case that falls within our original jurisdiction. . . . I would therefore grant the motion to file the bill of complain but would not grant other relief, and I express no view on any other issue.”
Their dissent should not come as a surprise, either. Four years ago both Alito and Thomas also stood with Nebraska’s right to file a complaint with Colorado over marijuana legislation. In this case, too, SCOTUS refused to hear the case, although the majority was different at that time. Then the majority included Justices Antonin Scalia, Ruth Bader Ginsburg, and Anthony Kennedy — none of whom are on the court now.
But apparently their replacements — Justices Gorsuch, Kavanaugh, and Barrett — also agreed with the majority view. Which shocked liberal media types:
I was told Amy Coney Barrett was going to overturn Obamacare in October, and then throw the election to Trump….
— Matt Lewis (@mattklewis) December 12, 2020
Personally, I’m not shocked with the Texas ruling. Not happy, to be sure, but it isn’t a surprise for me. I had a gut feeling that this Hail Mary pass wouldn’t get Team Trump into the end zone.
Was there fraud? You bet. Was there enough to ensure Biden’s win? I’m no election expert, and I hate math, so I can’t give an educated guess. But all those votes suddenly showing up certainly smells rotten.
So where do we go from here?
I like what Trump supporter, former Army colonel, and attorney Kurt Schlichter tweeted:
“I know we’ll win.
And I know we’ll have defeats on the way to victory.
I don’t care.
Freedom is hard and worth fighting for.”
Indeed. And 2022 midterms are coming up in two short years. Red wave, baby. Red wave.