‘This is the big one.” That is how President Trump on Wednesday described Texas attorney general Ken Paxton’s Hail Mary lawsuit against four states that have certified Joe Biden as the winner of the 2020 presidential election. The president was tweeting an announcement that he would be “INTERVENING” in the suit.
Technically, he was asking the Supreme Court to permit him to join the suit. In the end, as we’ve predicted, there was nothing for him to join. Friday evening, the Supreme Court summarily denied Texas’s motion to file its complaint. Reportedly, two justices, Clarence Thomas and Samuel Alito, dissented. They did not contend there was any merit to the suit; they adhered to their longstanding view that the Court must accept cases when states invoke the Court’s original jurisdiction.
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