Texas’ unhinged bid to overturn the election results in four battleground states will end not in a bang, but a whimper.
The Supreme Court on Friday said that Texas did not meet the procedural thresholds that would warrant the court’s review of its lawsuit.
The order is the latest defeat President Trump’s allies have suffered in court in their attempts to muck up Joe Biden electoral victory.
After the Supreme Court rejected a similar Pennsylvania lawsuit seeking to disturb those results, Trump promised that the Texas gambit was actually “the big one.”
Texas was seeking to invoke what’s known as original jurisdiction — which gives the Supreme Court the exclusive authority to hear legal disputes between the states — so it could sue Pennsylvania, Wisconsin, Georgia and Michigan to challenge those states’ election results. All four states elected Biden. But Texas was arguing —by citing conspiracy theories about how the states’ handled their elections — that the Supreme Court should void those results and let the legislatures determine the electors that would be sent to the Electoral College instead.
The court did not weigh in on the merits of those claims. Rather, Supreme Court said in unsigned order on Friday that Texas had “not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections.”
The order came with a separate statement from Justice Samuel Alito, joined by Justice Clarence Thomas, who took a different view of the court’s procedural obligations to review the case.
“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,” the statement said, though it added that justices would not have granted Texas’ request to immediately block those states from formalizing Biden’s victory and that they were expressing “no view on any other issue.”
Read the order below: