The order, dropped Friday evening, was succinct and unsigned.
The State of Texas’s motion for leave to file a bill of complaint is denied for lack of standing under Article III of the Constitution. Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections. All other pending motions are dismissed as moot.
Justices Samuel Alito and Clarence Thomas voiced objection to denying the filing, but nothing more.
Statement of Justice Alito, with whom Justice Thomas joins: 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. See Arizona v. California, 589 U. S. ___ (Feb. 24, 2020) (Thomas, J., dissenting). I would therefore grant the motion to file the bill of complaint but would not grant other relief, and I express no view on any other issue.
The civil war and coup attempt will have to continue without the Court’s blessing. This does put all those Republican senators who keep insisting that they can’t recognize Joe Biden as president-elect because there was still litigation ongoing on the spot. With Trump having 40 more days to make their lives miserable, what are they going to say now?
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