Election Challenges, Protests, Conspiracy Theories, and Moral Panics

[Belsnickel]

(12-10-2020, 12:24 PM)BmorePat87 Wrote: The question over original jurisdiction came at a perfect time since I just taught jurisdiction today. There's really nothing unique in the case and other states and the Trump campaign piggybacking onto this could end up hurting Texas's claim that this is a unique legal challenge that needs to be heard by SCOTUS prior to making its way through the lower courts. 

This ghost writer part just adds to it. 

I listen to All the President's Lawyers which does a pretty good job of breaking down legal issues during the Trump presidency. They got into the original jurisdiction issue this week because, well, duh. Ken White (@Popehat on Twitter), who provides the legal expertise on the show discussed how the precedent right now is that SCOTUS doesn't have to accept the case, even, and they likely won't. Alito and Thomas will probably dissent because they have the position that the court must take up those cases, but that isn't something that logically or logistically would work. He went into how the evaluation on the cases has typically been that if the case could be brought by those other than the state bringing the case, then it should happen in that manner. Since pretty much the entirety of this case is in that realm because the issues have already been raised by others in different courts, it likely won't make the agenda.

He did say, though, that if the court did take up the case, the issue of standing would likely come up and could be a reason for dismissal or the case could drag out and be rendered moot.