Can the Supreme Court Unite to “Decimate” Texas’ Original Jurisdiction Case?
Tom Goldstein writes that the Supreme Court should do more than dismiss Texas’s original jurisdiction case in a summary order. He says that the Supreme Court should “decimate” the motion with a written opinion.
It is perfectly ordinary and appropriate for the justices to write an opinion explaining the various reasons why they are rejecting Texas’ request. . . A simple five-page per curiam opinion genuinely could end up in the pantheon of all-time most significant rulings in American history. Every once in a long while, the court needs to invest some of its accumulated capital in issuing judgments that are not only legally right but also respond to imminent, tangible threats to the nation. That is particularly appropriate when, as here, the court finds itself being used as a tool to actively undermine faith in our democratic institutions — including by the members of the court’s bar on whom the justices depend to act much more responsibly.
Tom adds that the people supporting the President may be swayed by a unanimous decision from a conservative Supreme Court.
In a time that is so very deeply polarized, I cannot think of a person, group or institution other than the Supreme Court that could do better for the country right now. Supporters of the president who have been gaslighted into believing that there has been a multi-state conspiracy to steal the election recognize that the court is not a liberal institution. If the court will tell the truth, the country will listen.
I am skeptical.
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