Texas Lost, and Conservatives Won

A supporter of President Donald Trump holds a flag in front of the Supreme Court as the court reviews a lawsuit filed by Texas seeking to undo President-elect Joe Biden’s election victory in Washington, D.C., December 11, 2020. (Joshua Roberts/Reuters)
The Court’s denial of the state’s election suit, ironically, helps rebuild the wall between law and politics that progressives have tried to tear down for years.

NRPLUS MEMBER ARTICLE E ven Donald Trump’s supporters should welcome the Supreme Court’s decision late Friday to deny Texas’s claim that four battleground states had unconstitutionally run their 2020 presidential elections. It reaffirmed the half-century conservative effort to restore constitutional limits on the power of the federal courts. It rightly returns to the political process the question of whether any widescale fraud occurred in the presidential election. President Trump technically can still contest the 2020 results, but under a process set out in the Constitution where such challenges have never succeeded.

In Texas v. Pennsylvania, Texas attorney general Ken Paxton filed an emergency complaint a

To Read the Full Story
John Yoo is the Emanuel S. Heller Professor of Law at the University of California at Berkeley, a nonresident senior fellow at the American Enterprise Institute, and a visiting fellow at the Hoover Institution at Stanford University.

Recommended

The Latest