The Supreme Court Friday rejected the state of Texas’s motion to leave challenging the constitutionality of Democratic nominee Joe Biden’s wins in the key swing states of Pennsylvania, Georgia, Michigan, and Wisconsin.
“The State of Texas’s motion for leave to file a bill of complaint is denied for lack of standing under Article III of the Constitution. Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections. All other pending motions are dismissed as moot,” the order reads.
Justices Alito, joined by Thomas, notes that they don't think the Supreme Court has discretion to deny the filing of such a lawsuit. "I would therefore grant the motion to file the bill of complaint but would not grant other relief, and I express no view on any other issue." pic.twitter.com/VHg1dtQA5s
— Todd Ruger (@ToddRuger) December 11, 2020
Only two justices, Samuel Alito and Clarence Thomas, said they would have allowed the case to be filed with the court on technical grounds but emphasized they would grant no other relief.
“I would therefore grant the motion to file the bill of complaint but would not grant other relief, and I express no view on any other issue,” a statement from Alito read.
Monday night, Texas Attorney General Ken Paxton filed the “Bill of Complaint,” which was not seeking to overturn the election but rather seeking a mandate that states comply with the Constitution. “Plaintiff State does not ask this Court to decide who won the election; they only ask that the Court enjoin the clear violations of the Electors Clause of the Constitution,” the state argued.
The Electoral College will meet to vote on Dec. 14, officially making Biden president-elect of the United States.