Rep. Matt Gaetz, R-Fla., said that the Supreme Court’s decision not to hear a Trump-backed Texas case that would overturn election results in four states, amounted to an “erosion of power” of state legislatures.
“The true casualty of the court’s decision is an erosion of power of state legislatures to make election law. The principal challenge by Texas was that there were changes that were made not by the state legislatures that instead were made by other officials invested in that power.”
“All eyes are on January 6. I suspect there will be a little bit of debate and discourse.” On Jan. 6, Congress will meet to certify the results of the Electoral College vote, which will occur Monday.
“This is not a case of the Trump campaign failing to produce evidence. It’s a failure of the court to exercise jurisdiction proficiently,” the Florida Republican continued.
“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,” the Supreme Court’s order reads. “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 said they would have heard the case — without granting other relief, like issuing an injunction on electoral proceedings. They added that they expressed “no view on any other issue.”
The “briefing stage” of Supreme Court litigation consists of the first party, in this instance, Texas, asking the court to hear the case. Then opposition briefs are filed by those on the other side of the case. The first party is allowed to file a “reply brief,” which Texas did Friday morning.
“Defendant States do not seriously address grave issues that Texas raises, choosing to hide behind other court venues and decisions in which Texas could not participate and to mischaracterize both the relief that Texas seeks and the justification for that relief,” the Texas brief says of the opposition briefs filed by Wisconsin, Pennsylvania, Michigan and Georgia Thursday.
Texas continues: “An injunction should issue because Defendant States have not—and cannot—defend their actions.”
Several top Texas lawmakers, including Gov. Greg Abbott, Lt. Gov. Dan Patrick and House Speaker Dennis Bonnen – have backed the efforts spearheaded by Texas Republican Attorney General Ken Paxton. One hundred-six Republicans in Congress filed an amicus brief supporting the Texas lawsuit.
The justices could have agreed to hear the case and promptly dismissed it or ruled in favor of Texas, or they could have requested oral arguments before ruling. They declined to hear it outright.
The crux of the Texas case was…