Tipsheet

SCOTUS Denies Texas Lawsuit Against Battleground States

The Supreme Court decided on Friday not to hear a Texas lawsuit challenging election changes made in a number of battleground states. Justice Clarence Thomas joined a separate statement written by Justice Samuel Alito.

The court found Texas lacked Article III standing to file suit against other states regarding how those states conduct their elections.  

"Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections," the court ruled. "All other pending motions are dismissed as moot."

In a separate statement, Justice Alito, joined by Justice Thomas, argued the court was obligated to hear the Texas challenge. 

"In my view, we do not have discretion to deny the filing of a bill of complaint in a case that falls within our original jurisdiction," Alito wrote. "See Arizona v. California, 589 U. S. ___ (Feb. 24, 2020) (Thomas, J., dissenting). 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 number of states joined a brief in support of the Texas lawsuit, arguing that four battleground states -- Michigan, Wisconsin, Georgia and Pennsylvania -- exploited the COVID-19 pandemic to make illegal changes to election laws. President Trump also filed a motion to intervene in the case.

Texas Attorney General Ken Paxton claimed the changes made to election laws were inconsistent with relevant state laws and violated the U.S. Constitution since the changes were made by non-legislative entities. 

The electoral college meets on Monday to formally elect the next president.