Thursday, December 10, 2020

Dumbest Lawsuit Ever

I’m not a lawyer, but you don’t have to be one to come to that conclusion.

I may need to take back what I said about Rep. Kelly’s PA suit being the dumbest case I’ve ever seen filed on an emergency basis at the Supreme Court.

This new one from the indicted Texas AG Ken Paxton (but missing the name of Texas’s Solicitor General, who surely would not sign this garbage) probably should win that prize.

Steve Vladeck canvasses the reasons why the Court won’t touch the case (including its rules on taking cases directly under its original jurisdiction).

My view in brief: this is a press release masquerading as a lawsuit. Texas doesn’t have standing to raise these claims as it has no say over how other states choose electors; it could raise these issues in other cases and does not need to go straight to the Supreme Court; it waited too late to sue; the remedy Texas suggests of disenfranchising tens of millions of voters after the fact is unconstitutional; there’s no reason to believe the voting conducted in any of the states was done unconstitutionally; it’t too late for the Supreme Court to grant a remedy even if the claims were meritorious (they are not).

What utter garbage. Dangerous garbage, but garbage.

I can’t top that.