So the Texas lawsuit, with 18 or 19 states joining in with amicus curia briefs, was declined by SCOTUS in a 7-2 decision. Ilya Somin at the Volokh Conspiracy analyzes the decision — or rather the decision to say “pass” on the hot potato.
This is a black day for democracy, no two ways about it. I personally am virtually certain that #GrandTheftElection2020 happened — although some of us may differ about by which method. There is no doubt that widespread mail-in balloting, combined with the decisions of certain states to remove all safeguards for ballot validity verification, opened the barn doors wide.
Glenn Reynolds comments:
The statement that Texas lacks standing would seem to implicitly overrule Massachusetts v. EPA, a case that found expanded standing for states, though in the “Climate Change” context. But then, I’ve told my students that I doubt that case stood for more than climate change hysteria’s ability to influence John Roberts Anthony Kennedy.
The appeal of dismissing on standing grounds, of course, is that the Court won’t have to deal with any of the factual allegations.
To be fair, SCOTUS of course found itself in a “damned if you do, damned if you don’t” position. If it heard the case — which likely would last until past January 20 — it would be accused of fanning the flames no matter how it ruled. So instead it chose to declare itself incompetent. (For non-American readers: it is important to realize, as Bryan Preston explained, that US Presidential elections are effectively not a single federal election at all but 50 concurrent elections in every state.)
From my distant perch, I do not see this ever ending well at all. The US — the country of my beloved spouse — is on the brink of the second greatest crisis in its existence, possibly even the greatest. I hope and pray to be wrong. I fear to be right.