Making Sense of Texas v. Pennsylvania
Yesterday evening, the Supreme Court issued an order Texas v. Pennsylvania. No, the Supreme Court did not “decimate” the President’s claims of voter fraud. The short order tossed the case on jurisdictional grounds, and said nothing about the merits.
In the wake of the decision, lawyers closely parsed Justice Alito’s separate statement, joined by Justice Thomas. I found it cryptic. I encourage you to read Howard Bashman’s meticulous analysis. After some reflection, I’ve concluded that Justice Alito wanted to say more, but didn’t, and instead put out an ambiguous statement that left his options open. But in doing so, Alito had to have known that President Trump would see any dissent as a signal that Trump really won. I’m sure QAnon will see signals buried in the statement. Alito either didn’t know Trump would misread his order, or didn’t care. I lean towards the latter.
The decision has brought a predictable raft of tweets from the President. Here is a smattering.
First, before the Court decided, Trump repeated his common refrain: “wisdom” and “courage” are on his side:
If the Supreme Court shows great Wisdom and Courage, the American People will win perhaps the most important case in history, and our Electoral Process will be respected again!
— Donald J. Trump (@realDonaldTrump) December 11, 2020
Second, after the decision, Trump tweeted that the Court lacked “wisdom” and “courage.”
The Supreme Court really let us down. No Wisdom, No Courage!
— Donald J. Trump (@realDonaldTrump) December 12, 2020
Third, Trump continued his skepticism of “standing” doctrine.
….that, after careful study and consideration, think you got “screwed”, something which will hurt them also. Many others likewise join the suit but, within a flash, i
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